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HomeMy WebLinkAbout06-7291PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 146009 CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TE RM h NO. CUMBERLAND COUNTY LAURA M. BABCOCK 305 OAKVILLE ROAD SHIPPENSBURG, PA 17257-0000 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 146009 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 146009 SHERIFF'S RETURN - REGULAR CASE NO: 2006-07291 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC VS BABCOCK LAURA M JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE BABCOCK LAURA M the DEFENDANT , at 1526:00 HOURS, on the 29th day of December , 2006 at 305 OAKVILLE RD SHIPPENSBURG, PA 17257 DEREK JONES, SON was served upon by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 13.20° .00 10.00 / R. Thomas Kline .00 41.20) 01/02/2007 p? PHELAN HALLINAN SCHMIEG By day Dep Sheriff 1 A.D. Plaintiff is CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: LAURA M. BABCOCK 305 OAKVILLE ROAD SHIPPENSBURG, PA 17257-0000 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/03/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ASA NOMINEE FOR WACHOVIA MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1841, Page: 4681. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 146009 The following amounts are due on the mortgage: Principal Balance $79,592.54 Interest 1,962.72 08/01/2006 through 12/22/2006 (Per Diem $13.63) Attorney's Fees 1,250.00 Cumulative Late Charges 126.85 10/03/2003 to 12/22/2006 Cost of Suit and Title Search 550.00 Subtotal $ 83,482.11 Escrow Credit 0.00 Deficit 49.01 Subtotal 49.01 TOTAL $ 83,531.12 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 83,531.12, together with interest from 12/22/2006 at the rate of $13.63 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP BY: /s/F7ra inav? LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 146009 LEGAL DESCRIPTION ALL THAT CERTAIN house and lot situated in the Village of Oakville, Township of North Newton, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BOUNDED on the north by lot now or formerly of John Tritt; on the east by a public alley; on the south by property now or formerly of Lottie Wilson; and on the west by the Main Street of the Village and being 55 feet in width and 160 feet in depth to the alley. BEING PARCEL NUMBER 30-25-0116-036 BEING the same premises which Joseph E. Hovetter and Catherine Dorothea Hovetter, his wife, by Indenture dated August 26, 1978 and recorded August 28, 1978 in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book A28 page 49, granted and conveyed unto Hugh L. Helman and Maude S. Helman, his wife. BEING KNOWN AS: 305 OAKVILLE ROAD. File #: 146009 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ?a\ 10 i7 ? \ A l M ? a VV PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 V. Plaintiff, LAURA M .BAB000K Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-7291 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against LAURA M .BAB000K, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $83,531.12 Interest from 12/23/06 to 02/06/07 $626.98 TOTAL $84,158.10 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. DANIEL G. SC IEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: r a007 PRO PROT 7 146009 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 CHASE HOME FINANCE, LLC : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY LAURA M. BABCOCK Defendants : NO. 06-7291-CIVIL TERM TO: LAURA M. BABCOCK 305 OAKVQLE ROAD SHIPPENSBURG, PA 17257 DATE OF NOTICE: JANITARY 23._ZW THIS FIRM.IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN. DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOC 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 CIS S. LINAN, ESQUIRE Att evs for Plaintiff I PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE HOME FINANCE LLC 3415 VISION DRIVE Plaintiff, V. LAURA M .BAB000K Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-7291 VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant LAURA M BABCOCK is over 18 years of age and resides at, 305 OAKVILLE ROAD, SHIPPENSBURG, PA 17257. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. C4 DANIEL G. SC IEG, ESQUIRE ` Attorney for Plaintiff -CR '? ? ?.':? czs rn?a rv grcR' W (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHASE HOME FINANCE LLC 3415 VISION DRIVE Plaintiff, V. LAURA M .BAB000K CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-7291 Defendant(s). C.S DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Notice is given that a Judgment in the above-captioned matter has been entered against you on 3 200!7. By: If you have any questions concerning this matter, please contact: WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-7291 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE LLC, Plaintiff (s) From LAURA M. BABCOCK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $84,158.10 L.L. $.50 Interest FROM 2/7/07 TO 6/13/07 (PER DIEM - $13.83) - $1,756.41 AND COSTS Atty's Comm % Atty Paid $123.20 Plaintiff Paid Due Prothy $1.00 Other Costs ADD'L FEES - $1,749.50 Date: FEBRUARY 13, 2007 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 ac?Q54W Curti . Long, P notaryBy: Deputy Supreme Court ID No. 62205 w PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CHASE HOME FINANCE LLC Plaintiff, V. LAURA M .BAB000K Defendant(s). No. 06-7291 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Add'1 cost Interest from 02/01/07 to JUNE 13, 2007 (per diem -$13.83) TOTAL $84,158.10 $1,749.50 $1,756.41 and Costs $87,664.01 i C4, DANIEL G. SCHMIEG, ESQU One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 146009 d W O a? a OW U ?a ON ? ? U ? W OD O ?A O ?d d U ? U ?v M t LL. U O O V d W W f O H? o R? w O O U P? 1 r v N T- en d V ` r r r V w V V ?'-- ?J t t t 'LA ci ,s ? Q 4 d t r -W DESCRIPTION ALL THAT CERTAIN house and lot situated in the Village of Oakville, Township of North Newton, County of Cumberland, State of Pennsylvania, bounded and described as follows to wit: BOUNDED on the north by lot now or formerly of John Tritt, on the east by a public alley, on the south by property now or formerly of Lottie Wilson, on the west by the Main Street of the Village and being 55 feet in width and 160 feet in depth to the alley. BEING the same property which Joseph V. Hovetter and Catherine D. Hovetter, his wife, by their Deed dated August 26, 1978, and recorded in Cumberland County Recorder of Deeds Book'A', Vol. 28, Page 49, granted and conveyed unto Hugh L. Helman and Maude S. Helman, his wife. The said Maude S. Helman died December 19, 1979, thereby vesting full title in Hugh L. Helman. PARCEL IDENTIFICATION NO: 30-25-0116-036 Premises: 305 Oakville Road, Shippensburg, PA 17257-0000 North Newton Township Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Laura M. Babcock, by Deed from Andrea M. Fogelsanger and Barbara J. Shughart and Catherine D. Hartranft, Co-Executors of the Last Will and Testament Hugh L.Helman, dated 10/03/2003, recorded 10/22/2003, in Deed Book 259, page 4949. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE HOME FINANCE LLC Plaintiff, V. LAURA M.BABCOCK Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-7291 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 0 (-Vu I) DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff C_- C= ?Tt _ 7K rri 1= M33 r- z' papyy 2:.... ?- t -am ' N c9i CHASE HOME FINANCE LLC .» of Plaintiff, V. LAURA M .BAB000K Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-7291 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) CHASE HOME FINANCE LLC, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 305 OAKVILLE ROAD, SHIPPENSBURG, PA 17257. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LAURA M.BABCOCK 305 OAKVILLE ROAD SHIPPENSBURG, PA 17257 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC 8201 GREENSBORO DRIVE, STE. 350 MCLEAN, VA 22102 of • T4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 305 OAKVILLE ROAD SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to 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 unworn falsification to authorities. February 6, 2007 Y DATE DANIEL G. SCHM EG, ESQUIRE Attorney for Plaintiff r-.3 0 ;# ,; CJW fl ; ? ?t CHASE HOME FINANCE LLC CUMBERLAND COUNTY Plaintiff, V. No. 06-7291 LAURA M .BAB000K Defendant(s). February 6, 2007 TO: LAURA M .BAB000K 305 OAKVILLE ROAD SHIPPENSBURG, PA 17257 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 305 OAKVILLE ROAD, SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $84,158.10 obtained by CHASE HOME FINANCE LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN house and lot situated in the Village of Oakville, Township of North Newton, County of Cumberland, State of Pennsylvania, bounded and described as follows to wit: BOUNDED on the north by lot now or formerly of John Tritt, on the east by a public alley, on the south by property now or formerly of Lottie Wilson, on the west by the Main Street of the Village and being 55 feet in width and 160 feet in depth to the alley. BEING the same property which Joseph V. Hovetter and Catherine D. Hovetter, his wife, by their Deed dated August 26, 1978, and recorded in Cumberland County Recorder of Deeds Book'A', Vol. 28, Page 49, granted and conveyed unto Hugh L. Heiman and Maude S. Heiman, his wife. The said Maude S. Heiman died December 19, 1979, thereby vesting full title in Hugh L. Heiman. PARCEL IDENTIFICATION NO: 30-25-0116-036 Premises: 305 Oakville Road, Shippensburg, PA 17257-0000 North Newton Township Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Laura M. Babcock, by Deed from Andrea M. Fogelsanger and Barbara J. Shughart and Catherine D. Hartranft, Co-Executors of the Last Will and Testament Hugh L.Helman, dated 10/03/2003, recorded 10/22/2003, in Deed Book 259, page 4949. C7 ry rU c rn PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 215 563-7000 Chase Home Finance LLC Plaintiff vs. Laura M. Babcock Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County No. 06-7291 Civil Term PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on December 27, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on February 6, 2007 in the amount of $84,158.10. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing; a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on June 13, 2007. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 5. Additional sums have been incurred or expended on Defendant' behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $79,592.54 Interest Through 6/13/07 4,319.31 Per Diem $13.63 Late Charges 228.33 Legal fees 1,250.00 Cost of Suit and Title 862.00 Sheriffs Sale Costs 0.00 Property Inspections 0.00 Appraisal/Brokers Price Opinion 0.00 Mortgage Insurance Premium/Private 48.75 Mortgage Insurance NSF (Non-Sufficient Funds charge) 0.00 Suspense/Misc. Credits (175.54) Escrow Deficit 370.80 TOTAL $86,496.19 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as is addressed in Plaintiff's attached brief 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on April 18, 2007 and requested the Defendant's concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhibit " C". 10. No Judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. ]U -?7 Date: Phelan Hallinan & Schmieg, LLP By: Miche 9B(Wrd, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215 563-7000 Chase Home Finance LLC Court of Common Pleas Plaintiff : Civil Division vs. Laura M. Babcock : Cumberland County : No. 06-7291 Civil Term Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendant executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiff s Note was secured by a Mortgage on the Property located at 305 Oakville Road, Shippensburg, PA 17257-0000. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Cio_ngoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts experided by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Steal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs, interest very well maybe divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: _4 I_1_?JJ? Phelan Hallinan & Schmw-g, LLP By: MichWrad sq uire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T_ PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 215 563-7000146009 CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY TERM NO. OLa LAURA M. BABCOCK 305 OAKVILLE ROAD SHIPPENSBURG, PA 17257-0000 Defendant CIVIL ACTION - LANV COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. you 114' ? lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT fR;4VE AFF-' LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN Pl ?&IDE 16L) mrn WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY 13E ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO IIIBLT}'= 1:} PERSONS AT A REDUCED FEE OR NO I EE. - 4 rn Lawyer Referral Service < W Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 a [xa" ., ?., COCt??E? 11L U AMANEY FILE '?*± PORN MPY File #: 146009 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 215 563-7000 146609 CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 V. Plaintiff LAURA M. BABCOCK 305 OAKVILLE ROAD SHIPPENSBURG, PA 17257-0000 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CI'V'IL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 vve nereby Certify thw, within to be a true and C;Orrect copy vi the ortat fleet of j'tcwd File #: 146009 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL, FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL, FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANS'W'ER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #i: 146009 I. Plaintiff is CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 The name(s) and last known address(es) of the Defendant(s) are_ LAURA M. BABCOCK 305 O_AKVILLE ROAD SHIPPENSBURG, PA 17257-0000 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 10/03/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ASA NOMINEE FOR WACHOVIA MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1841, Page: 4681. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. 'The mortgage is in default because monthly payments of principal and interest upon said :mortgage due 09/01/2006 and each month thereafter are due and unpaid, and by the terms of said ;mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible .forthwith. File #: 146009 6. The following amounts are due on the mortgage: Principal Balance $79,592.54 Interest 1,962.72 08/01/2006 through 12/22/2006 (Per Diem $13.63) Attorney's Fees 1,250.00 Cumulative Late Charges 125.85 10/03/2003 to 12/22/2006 Cost of Suit and Title Search 550.00 Subtotal $ 83,482.11 Escrow Credit 0.00 Deficit 49.01 Subtotal $ 49.01 TOTAL $ 83,531.12 7 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to .Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 83,531.12, together with interest from 12/2212006 at the rate of $13.63 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property- PHELAN HALLINAN & SCHMIEG, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQLJIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 146009 LEGAL DESCRIPTION ALL THAT CERTAIN house and lot situated in the Village of Oakville, Township of North Newton, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BOUNDED on the north by lot now or formerly of John Tritt; on the east by a public alley; on the south by property now or formerly of L.ottie Wilson; and on the west by the Main Street of the Village and being 55 feet in width and 160 feet in depth to the alley. BEING PARCEL NUMBER 30-25-0116-036 BEING the same premises which Joseph E. Hovetter and Catherine Dorothea Hovetter, his wife, by Indenture dated August 26, 1978 and recorded August 28, 1978 in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book A28 page 49, granted and conveyed unto Hugh L. Helman and Maude S. Helman, his wife. BEING KNOWN AS: 305 OAKVILLE ROAD. File #: 146009 Exhibit "B" 7-77". ity: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff, V. LAURA M .BAB000K Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-7291 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against LAURA M BABCOCK, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 12/23/06 to 02/06/07 TOTAL $83,531.12 $626.98 $84,158.10 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. Q . J DANIEL G- SCH IEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 146009 Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 .John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire April 17, 2007 Laura M. Babcock 305 Oakville Road Shippensburg, PA 17257-0000 Representing Lenders in Pennsylvania and New Jersey RE: Chase Home Finance LLC vs. Laura M. Babcock Premises Address: 305 Oakville Road, Shippensburg, PA 17257-0000 Cumberland County CCP, No. 06-7291 Civil Term Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), 1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within five days, by Monday, April 23, 2007 Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, AForPeh JLd o Esquire an Hallman & Schmieg, LLP Enclosure 7 o tios "zvooo cooz s 4 ads wt zo s3n?ie k3NS+d 1000000,0, A A ??5y a 0 a 0 0 tn N r- a a d °o Q t ? y N m a c!? "U C!C C7 G n oo y v V's "d d m 4 o ? o 87 r' V ? 00 Or C-A C%1 4. UU F 4o + ^ A A G Tg ? ? r G ? F ?1 G J J NN G C cn W '? 'fl p FO O d w = lj F ? Sod q G p. ? A y[, w ? O F U FR 7 J A O a? ? A O ?o w ?i v p?O 16 Lqo y J as 0 a- t$ o? U m ?i VERIFICATION Michele M. Bradford, Esquire., hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Phelan H IM chmie , LLP DATE: _ 411010-_ By: _ Mic ele Ifor Bra r , Esquire Attorney Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 21( 5) 563-7000 Chase Home Finance LLC Plaintiff vs. Laura M. Babcock Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County No. 06-7291 Civil Term CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. Laura M. Babcock 305 Oakville Road Shippensburg, PA 17257-0000 oArF _ 4 elf- ieg, LLP Phelan Wrad ?4ic By: d, Esquire ttof AFFIDAVIT OF SERVICE PLAINTIFF CHASE HOME FINANCE LLC DEFENDANT(S) LAURA M .BAB000K SERVE LAURA M .BAB000K AT 305 OAKVILLE ROAD SHIPPENSBURG, PA 17257 SERVED CUMBERLAND COUNTY No. 06-7291 r #1y666? ACCT. #1978260585 Type of Action - Notice of Sheriff's Sale Sale Date: NNE 13, 2007 Served and made known to La k r q • Bp CCC k- Defendant, on the day of C bI'uq,^y, 2003' at :1 r , o'clock -f.m., at ?6 ,? Q q , ' (C R d Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent br person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 0 ;rD Height $1Q11 Weight 14S` Race _L./ Sex F Other ?e tS , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and sub?c?yihed this day tvu n r No By: E-TT CE AT EAST 3 TIMES, INDICATE DATES & TIMES OF SERVICE ATTEMPTED, f NCI`?:} Public NOT SERVED State of New Jersey On the PATRr- jA Ed"4gRlg 200. at o'clock _.m., Defendant NOT FOUND because: Commission Expires June 16, 2008 Moved Unknown No Answer Vacant 1st Attempt: Time: 3rd Attempt: Time: 2°d Attempt: Time: Sworn to and subscribed before me this day of 200 Notary: - By. Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 ? v d` ? -n - TA' - '? -+7 , r? ? -? n r: tn?.- ? ? C7 ti „. ?.; m?C.3 ?_. a-r. "!.. ~t?3 .? ;L. ,: `'? ? :- ? .1 ' •-? .? APR872007Ar? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Chase Home Finance LLC Plaintiff VS. Laura M. Babcock : Court of Common Pleas : Civil Division : Cumberland County : No. 06-7291 Civil Term Defendant i RULE AND NOW, this day of 2007, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. M Rule Returnable on the (0 day of 2007, at A t) . in the *fivin Courtroom of the Cumberland County Courthouse, Carl' e, Pennsylv ia. T, J. 146009 r?n44's{j, Ii:J? :iN 'd t 1 ' 1 d Z- M LOQL PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Chase Home Finance LLC Plaintiff VS. Laura M. Babcock Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County : No. 06-7291 Civil Term CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of June 6, 2007 was sent to the following individual on the date indicated below. Laura M. Babcock 305 Oakville Road Shippensburg, PA 17257-0000 DATE: el Hallinan & Sc ieg, LLP By: Mi ele M. ra fo d, squire Attorney for Plaintiff r-a C= - ? t IN THE COURT OF COMMON PLEAS OF CIVIL ACTION - LAW CHASE HOME FINANCE LLC VS. LAURA M.BABCOCK AFFIDAVIT PURSU. AND RETURN OF SE] SALE DATE: JUNE 13.2007 vo.: 06-7291 COUNTY, PENNSYLVANIA IT TO RULE 3129.1 'ICE PURSUANT TO Plaintiff in the above action sets Execution was filed the following information as of the date the Praecipe for the Writ of ing the real property located at: As required by Pa. R.C.P. 3129.2(a Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL SCHMIEG, ESQ??Z Attorney for Plaintiff May 23, 2007 CHASE HOME FINANCE LLC CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS LAURA M .BAB000K CIVIL DIVISION Defendant(s). NO. 06-7291 AMEND D AFFIDAVIT PUR UANT TO RULE 3129 (Affi avit No. l) CHASE HOME FINANCE LLC, Plaintiff in SCHMIEG, ESQUIRE, sets forth as of the date following information concerning the real prop, SHIPPENSBURG, PA 17257. above action, by its attorney, DANIEL G. Praecipe for the Writ of Execution was filed the located at,305 OAK-VILLE ROAD, 1. Name and address of Owner(s) or reputed Name LAURA M .BAB000K 2. Name and address of Defendant(s) in the Same as above 3. Name and last known address of every property to be sold: 's): Known Address (if address cannot be mably ascertained, please indicate) OAKVILLE ROAD PPENSBURG, PA 17257 creditor whose judgment is a record lien on the real Name MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC ,ast Known Address (if address cannot be ..easonably ascertained, please indicate) 3201 GREENSBORO DRIVE, STE. 350 WCLEAN, VA 22102 4. Name and address of last recorded holder of Name None 5. Name and address of every other person who Name None 6. Name and address of every other person who interest may be affected by the sale. Name None 7. Name and address of every other person of N the property which may be affected by the sale: mortgage of record: Known Address (if address cannot be ?nably ascertained, please indicate) any record lien on the property: Known Address (if address cannot be )nably ascertained, please indicate) any record interest in the property and whose Known Address (if address cannot be )nably ascertained, please indicate) the plaintiff has knowledge who has any interest in Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program I verify that the statements made in this knowledge or information and belief. I under penalties of 18 Pa. C.S. Sec. 4904 relating to u MM 23, 2007 A DATE D A Last Known Address (if address cannot be reasonably ascertained, please indicate) OAKVILLE ROAD PPENSBURG. PA 17257 3 North Hanover Street ;arlisle. PA 17013 Box 2675 -risburg, PA 17105 3ritance Tax Division Floor, Strawberry Square it. #280601 risburg, PA 17128 hirteenth Floor Suite 1300 001 Liberty Avenue 'ittsburgh, PA 15222 .O. Box 8486 lillow Oak Building arrisburg, PA 17105-8486 lavit are true and correct to the best of my personal I that false statements herein are made subject to the >rn falsification to authorities. G. SCHMj f, ESQUIRE for Plain V {z. £0 46 L 3aO?IZ %08-4 0 11" L0 4Z ViL ZO o56-OO S -- ®3N ? 1 o9 M W O a u ym? 0 u $ o a u ra 'S F A ' s 8 v W £ b 7?.Q d0 ? C N g ? ?JJ ? oy ? N O T G pN. 0 ? ?Ha w u u u T w? d O a .? AR :3 i to 0 °v Y O `? d u T ; c O 0 U ?Jw, O C pN •?1-„ ?N Q e- 00 C4 g4 CA 'a 00 to > 0 to y,0 CS w+ to C3 N? yr? o?+to d ?.d O'G y C QQ O >tDOm '& c'?d t •? A r tU G 0. C t0 C 0?0 tYti V- Z 0 > U. +' K c rn 'O ca U) 'to j) A 0 d) co 0 COCON ?i4AdJ? ?tl.'m0 ? U sa ?, o o to c d t- a- t° O to sz 4 R•? r' Y '- o md? _ E ar d? a ?y ;: d s o a o l- °- 3 a ts. c- s o C = G ?+- t- ?`?? ?vm? apr.a L n Z I Q aL t`S U ? g a. z v o? ?cd F N 7 Z u H ?• Name and PHELAN HALL NAN & SCHMIEG, L.L.P. Address One Penn Center at Suburban Station Of Sender 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 CHRISTINE SCHOFFLER// Line Article Number N..„fAddr .,&,..,,wrwOf&.A",a, I DOMESTIC RELATIONS OF CUMBERLAND COUNTY, 13 NORTH HANOVER STREET, CARLISLE, PA 17013 2 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT WELFARE, PO BOX 2675, HARRISBURG, PA 17105 3 TENANT/OCCUPANT , 305 OAKVIW,E ROAD, SHIPPENSB G, PA 17257 4 LAURA M .BAB000K, 305 OAKVILLE ROAD, SHIPPENSB G, PA 17257 5 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, IN 8201 GRENNSBORO DRIVE, STE. 350 MCLEAN, VA 72102 ?oo ?Ooo? w N NO? 4+TfMn o o 6 T 8 4. 9 10 11 12 13 14 15 LAURA M .BAB000K ASHEY CUMBERLAND 146009 TOW Number of Tow Nader of Pieces PoshaWM Par(Nam O(RaC&ft The dwhrario• o=== d By Sender RacervW at P" Office EmP M-) We ofmeet,etamauctim ioauaoceis(30,000.00 pepaoa =:=d. ' 11 bafimkof5504000paaoaiaseao.nwmasim,nkdem.kypay"m NommehaadurWmaoeais S n a,.a m idmky pD•b• b 525.000 for repstww mil smt wilt op ooJ u»va.ee. See Dmoeatio man lye.d ,5913 sad 5921 for l,aitadooa ofawsap r-D r C.+° r T IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Chase Home Finance LLC Plaintiff vs. Laura M. Babcock : Court of Common Pleas : Civil Division Cumberland County : No. 06-7291 Civil Term Defendant ORDER AND NOW, this A day of , 2007 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance $79,592.54 Interest Through 6/13/07 4,319.31 Per Diem $13.63 Late Charges 228.33 Legal fees 1,250.00 Cost of Suit and Title 862.00 Sheriffs Sale Costs 0.00 Property Inspections 0.00 Appraisal/Brokers Price Opinion 0.00 Mortgage Insurance Premium/Private 48.75 Mortgage Insurance NSF (Non-Sufficient Funds charge) 0.00 Suspense/Misc. Credits Escrow Deficit TOTAL (175.54) 370.80 $86,496.19 Plus interest from 6/13/07 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission figure. BY THE in the above J. /Jo.sep i.A.u-`(9- PA . I?ah ? oc I? ? 7 w iL-R- 146009 90 :8 WV L-- NAr LOOZ Ai 1C)l .?4 3IH3. 40 30L'- 0-C131R Chase Home Finance, LLC VS Laura M. Babcock In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-7291 Civil Term William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 22, 2007 at 1238 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Laura M. Babcock, by making known unto Derek Jones, adult son of Laura M. Babcock, at 305 Oakville Road, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 17, 2007 at 1450 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Laura M. Babcock, located at 305 Oakville Road, Shippensburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Laura M. Babcock, by regular mail to her last known address of 305 Oakville Rd., Shippensburg, PA 17257. This letter was mailed under the date of April 3, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff s Costs: Docketing 30.00 Poundage 16.90 Advertising 15.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Mileage 28.80 Levy 15.00 Surcharge 20.00 Law Journal 355.00 Patriot News 308.39 Postpone Sale 40.00 Share of Bills 16.17 $861.76 ?ia??tf o7 ?.., So Answers R. Thomas Kline, Sheriff BY Real Estat Aergeant 1,5'0 (h 6 oGo l pt", / q C16 *6 CHASE HOME FINANCE LLC CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS LAURA M.BABCOCK CIVIL DIVISION Defendant(s). NO. 06-7291 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) CHASE HOME FINANCE LLC, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,305 OAKVILLE ROAD, SHIPPENSBURG, PA 17257. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LAURA M.BABCOCK 305 OAKVILLE ROAD SHIPPENSBURG, PA 17257 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC 8201 GREENSBORO DRIVE, STE. 350 MCLEAN, VA 22102 w 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 305 OAKVILLE ROAD SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to 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. u •? February 6, 2007 DATE DANIEL G. SCHM EG, ESQUIRE Attorney for Plaintiff ASE HOME FINANCE LLC Plaintiff, V. LAURA M .BAB000K Defendant(s). CUMBERLAND UOUIN Y No. 06-7291 February 6, 2007 TO: LAURA M.BABCOCK 305 OAKVILLE ROAD SHIPPENSBURG, PA 17257 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 305 OAK-VILLE ROAD, SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $84,158.10 obtained by CHASE HOME FINANCE LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN house and lot situated in the Village of Oakville, Township of North Newton, County of Cumberland, State of Pennsylvania, bounded and described as follows to wit: BOUNDED on the north by lot now or formerly of John Tritt, on the east by a public alley, on the south by property now or formerly of Lottie Wilson, on the west by the Main Street of the Village and being 55 feet in width and 160 feet in depth to the alley. BEING the same property which Joseph V. Hovetter and Catherine D. Hovetter, his wife, by their Deed dated August 26, 1978, and recorded in Cumberland County Recorder of Deeds Book'A', Vol. 28, Page 49, granted and conveyed unto Hugh L. Helman and Maude S. Helman, his wife. The said Maude S. Helman died December 19, 1979, thereby vesting full title in Hugh L. Helman. PARCEL IDENTIFICATION NO: 30-25-0116-036 Premises: 305 Oakville Road, Shippensburg, PA 17257-0000 North Newton Township Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Laura M. Babcock, by Deed from Andrea M. Fogelsanger and Barbara J. Shughart and Catherine D. Hartranft, Co-Executors of the Last Will and Testament Hugh L.Helman, dated 10/03/2003, recorded 10/22/2003, in Deed Book 259, page 4949. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-7291 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE LLC, Plaintiff (s) From LAURA M. BABCOCK (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 $84,158.10 L.L. $.50 Interest FROM 2/7/07 TO 6/13/07 (PER DIEM - $13.83) - $1,756.41 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $123.20 Plaintiff Paid Other Costs ADD'L FEES - $1,749.50 Date: FEBRUARY 13, 2007 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 ?'? &14-, Curt' R. Long, o tary By: Deputy Supreme Court ID No. 62205 GE) Real Estate Sale # 47 On February 23, 2007 the Sheriff levied upon the defendant's interest in the real property situated in North Newton Township, Cumberland County, PA Known and numbered as 305 Oakville Road, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 21, 2007 By:?j ,? sn4?? Real Estate Sergeant 9 I :Z d S 1033 LGH 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. r - i Coyne, E for SWORN TO AND SUBSCRIBED before me this ---A --_day of Ma 2007 LOT E. S."AYDER, 'Notary PI VIc '? i``y JWWAL !K'L'ASS /Mii NO. 47 Writ No. 2006-7291 Civil Chase Home Finance, LLC VS. Laura M. Babcock Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN house and lot situated in the Vii W of Oakvilie. Tcp of North Newton, County of Cumbftiand, State of Pennsy2va- n1a, bounded and described as fol- lows to wit: BOUNDED on the north by lot now or formerly of John Tritt, on the east by a public alley, on the south by property now or formerly of Lottie Wilson, on the west by the Main Street of the Village and being 55 feet in width and 160 feet in depth to the alley. BEING the same property which Joseph V. Hovetter and Catherine D. Hovetter, his wife, by their Deed dated August 26, 1978, and re- corded in Cumberland County Re- corder of Deeds Book W, Vol. 28, Page 49, granted and conveyed unto Hugh L. Heiman and Maude S. Heiman, his wife. The said Maude S. Heiman died December 19, 1979, thereby vesting full title in Hugh L. Heiman. PARCEL IDENTIFICATION NO: 30-25-0116-036. Premises: 305 Oakville Road, Shippensburg, PA 17257-0000 North Newton Township, Cumber- land County, Pennsylvania. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Laura M. Babcock, by Deed from Andrea M. Fogelsanger and Barbara J. Shughart and Catherine D. Hartranft, Co-Execu- tors of the Last Will and Testament Hugh L. Heiman, dated 10103/ 2003, recorded 10/22/2003, in Deed Book 259, page 4949. 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#47 J ... .....................n... ..................................... Sworn to and subscribWQN re me this 18th day of May 2007 A.D. i'otarial Seal -? Terry L. Russel, Notary Public City Of Harrisburg, Dauphin County My Mission Aires June 6, 2010 MembQ• nq,GOriaJion of Notaries NO Y P LIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 CHASE HOME FINANCE, LLC. Plaintiff V. COURT OF COMMON PLEAS CIVIL DIVISION NO.: 06-7291 LAURA M. BABCOCK CUMBERLAND COUNTY Defendant(s) PRAECIPE TO ENTER ORDER To the Prothonotary: Kindly enter the attached REASSESSMENT ORDER and AMEND THE JUDGMENT by Order in favor of the Plaintiff and against $86,496.19 defendant(s). As Set Forth in the Order $86,496.19 :::?? 0?i awrence T. Phelan, Esq., I . 7 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 FJ Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 C Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 t,WCourtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: LAURA MICHELLE BABCOCK Debtor(s) Chapter: 13 Case Number: 07-01722 CHARLES J. DEHART, TRUSTEE Movant(s) vs. LAURA MICHELLE BABCOCK Respondent(s) ORDER DISMISSING CASE Upon consideration of the Trustee's Certificate of Default of Stipulation in settlement of the Trustee's prior Motion to Dismiss case for material default and it having been determined that this case should be dismissed, it is ORDERED that the above-named case of the debtor(s) be and it hereby is dismissed. By the Com t, 71 Ban p Judge (IDK) This document is electronically signed and faded on the same date. Dated: November 20, 2009 MDPA-Dismiss Case.WPT - REV 03109 Case 1:07-bk-01772-MDF Doc 56 Filed 11/20/09 Entered 11/20/09 09:36:42 Desc Main Document Page 1 of 1 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: LAURA MICHELLE BABCOCK Debtor Bk. No. 1:07-bk-01772 MDF CHASE HOME FINANCE LLC Chapter No. 13 Movant v. 11 U.S.C. §362 LAURA MICHELLE BABCOCK Respondent ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon Consideration of the Motion of CHASE HOME FINANCE LLC (Movant), and after Notice of Default and the filing of a Certification of Default, it is: ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by 11 U.S.C. 362 is modified with respect to premises, 305 OAK-VILLE ROAD, SHIPPENSBURG, PA 17257, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage or take any legal or consensual action enforcement of its right to possession of, or title to, said premises (such actions may include but are not limited to the signing of a deed in lieu of foreclosure or entering into a loan modification agreement) and to allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further; ORDERED AND DECREED THAT: Rule 4001(a)(3) is not applicable and CHASE HOME FINANCE LLC may immediately enforce and implement this Order granting Relief from the Automatic Stay. By the Cowt, Dated: August 30, 2009 All Jptlge (MS) Case 1:07-bk-01772-MDF Doc 54 Filed 08/30/09 Entered 08/31/09 13:34:56 Desc Main Document Page 1 of 1 V ?r IN THE. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Chase Home Finance LLC : Court of Common Pleas Plaintiff : Civil Division vs. Laura M. Babcock Cumberland County No. 06-7291 Civil Term Defendant ORDER AND NOW, this _day of,V ? 2007 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nuns pro tunc in this case as follows:. Principal Balance $79,592.54 Interest Through 6/13/07 4,319.31 Per Diem $13.63 Late Charges 228.33 Legal fees 1,250.00 Cost of Suit and Title 862.00 Sheriffs Sale Costs 0.00 Property Inspections 0.00 Appraisal/Brokers Price Opinion 0.00 Mortgage Insurance Premium/Private 48.75 Mortgage Insurance NSF (lion-Sufficient Funds charge) 0.00 M r Suspense/Misc. Credits (175.54) Escrow Deficit 370.80 TOTAL $86,496.19 Plus interest from 6/13/07 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission included in the above figure. BY THE J. 146009 I%?TARf r C QjJ ?.q t`i i'10`a 2 5 +rbb lt,,t 10; Z? i y V s l -* I4.oo Po Arty ca 88o8U P.1*- a 3q Iola I )o I,,4tee, ?,? PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 CHASE HOME FINANCE LLC Plaintiff, V. COURT OF COMMON PLEAS • CIVIL DIVISION LAURA M. BABCOCK Defendant(s). TO THE PROTHONOTARY:; Issue writ of execution in the above matter: Amount Due Interest from 06/14/2007 - 03/03/2010 (per diem -$0.00) NO. 06-7291 CUMBERLAND COUNTY $86,496.19 $0.00 TOTAL Note: Please attach description of property. $86,496.19 ? L ce . Phelan, Esq., Id. No. 32227 rancis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ourtenay R. Dunn, Esq., Id. No. 206779 11 Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 146009 >- U-) c? Q (?4 .. . 44 7 L. bil W PIZ h N h ti Q a w? o Cc, O O N?p?h? '__' _cee'??'yM?php W ?> NNN?O?pphrl- O d O?oN rare h h p•p N N O Mrr a U O O z v? cM'1 ? aO a? a zzzb ozcoo o??Z2: ozz ?b ?z ?o z w A Z W U n-6-6 .-~zzzaozb-d -6 -6 Cq O' \ w W W ti W W ?• N' ? •o y" w W? W w ? a W? OH H oww CT ?w c?i ?w.o o a 0-4 'A Hx??04U!3 i `n C7 C7?? o a U A GOD 0 ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? "" pq U w PHELAN HALLINAN & SCHMIEG, L.L.P. ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE HOME FINANCE LLC COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. LAURA M. BABCOCK Defendant(s). NO. 06-7291 CUMBERLAND COUNTY CERTIFICATION The undersigned attorney, hereby verifies that he/she is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () the mortgage is an FHA mortgage. ( ) the premises is non-owner occupied. ( ) the premises is vacant. (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. ? J:A rence T. Phe an, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ,,f!?Xourtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff _ FiL_ir ?u=i?iC 2 C99 N!JV 25) f t910: 54 '• CHASE HOME FINANCE LLC Plaintiff, V. LAURA M. BABCOCK Defendant(s). COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-7291 CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 CHASE HOME FINANCE LLC , Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 305 OAKVILLE ROAD, SHIPPENSBURG, PA 17257-0000. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) LAURA M.BAB000K 305 OAKVILLE ROAD SHIPPENSBURG, PA 17257 2. Name and address of Defendant(s) in the judgment: LAURA M.BAB000K 305 OAKVILLE ROAD SHIPPENSBURG, PA 17257 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 305 OAKVILLE ROAD SHIPPENSBURG, PA 17257-0000 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13T" Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. November 24, 2009 DATE wrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ?7Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff F( r'F??? 'r' ttL 7 -74 ARY 2G09 NO V 25 A' H 10: c5 4 CHASE HOME FINANCE LLC V. Plaintiff, LAURA M. BABCOCK Defendant(s). : COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-7291 CUMBERLAND COUNTY November 24, 2009 NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: LAURA M. BABCOCK 305 OAKVILLE ROAD SHIPPENSBURG, PA 17257 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at 305 OAKVILLE ROAD, SHIPPENSBURG, PA 17257-0000, is scheduled to be sold at the Sheriffs Sale on MARCH 3, 2010 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $86,496.19 obtained by CHASE HOME FINANCE LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000 ex-1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215, 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 06-7291 CHASE HOME FINANCE LLC vs. LAURA M. BABCOCK owner(s) of property situate in the Township of North Newtown, Cumberland County, Pennsylvania, being (Municipality) 305 OAKVILLE ROAD SHIPPENSBURG, PA 17257-0000 Parcel No. 30-25-0116-036 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $86,496.19 PHELAN HALLINAN & SCHMIEG, L.L.P. Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN house and lot situated in the Village of Oakville, Township of North Newton, County of Cumberland, State of Pennsylvania, bounded and described as follows to wit: BOUNDED on the north by lot now or formerly of John Tritt, on the east by a public alley, on the south by property now or formerly of Lottie Wilson, on the west by the Main Street of the Village and being 55 feet in width and 160 feet in depth to the alley. TITLE TO SAID PREMISES IS VESTED IN Laura M. Babcock, by Deed from Andrea M. Fogelsanger and Barbara J. Shughart and Catherine D. Hartranft, Co-Executors of the Last Will and Testament Hugh L.Helman, dated 10/03/2003, recorded 10/22/2003, in Deed Book 259, page 4949. PREMISES BEING: 305 OAKVILLE ROAD, SHIPPENSBURG, PA 17257-0000 PARCEL NO. 30-25-0116-036 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-7291 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE LLC, Plaintiff (s) From LAURA M. BABCOCK (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 $86,496.19 L.L. Interest FROM 6/14/2007 - 3/3/2010 (PER DIEM - $0.00) Atty's Comm % Due Prothy $2.00 Arty Paid $1020.46 Plaintiff Paid Date: NOVEMBER 25, 2009 (Seal) REQUESTING PARTY: Name COURTENAY R. DUNN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Other Costs -VFULy Supreme Court ID No. 206779 AFFIDAVIT OF SERVICE PLAINTIFF CHASE HOME FINANCE LLC CUMBERLAND COUNTY M No. 06-7291 DEFENDANT(S) LAURA M. BABCOCK PHS #146009 SERVE LAURA M. BABCOCK AT: 305 OAKVILLE ROAD Type of Action SHWPENSBURG, PA 17257-0000 - Notice of Sheriffs Sal Sale Date: MARCH 3, 20 t / SERVED Served and made known to l AZIfL ? - COCK 7, Defendant, on the r U day of 200 at /1^- 7-5, o'clock -A.m., at 30-F t& V 1 LLE 2 A-D . J t PPE4SRUR6- . Commonwealth of Pennsylvania, in the manner described below: V_Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). /17 Agent or person in charge of Defendant(s)'s office or usual place of business. X?rw GZvy? an officer of said Defendant(s)'s company. Other: Description: Age 146'5 Height 64 Weight 00 Race W Sex F Other I, ? MD L C- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the ;ap&i@%ed sees an the date and at the address indicated above. KIMBERLY CURTY NOTARY PUBLIC Sworn to and subscribed STATE OF NEW JERSEY before me this day MY COMMISSION EXPIRES MARCH 7, 2013 of Not By: PLEASE A EIVIP SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1" Attempt: Time: 2"d Attempt: Time: , 3rd Attempt: Time: Sworn to and subscribed before me this day of 200. Notary: By: Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. One Penn Center at Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 as t CHASE HOME FINANCE LLC Plaintiff, V. LAURA M. BABCOCK Defendant(s). • COURT OF COMMON PLEAS • CIVIL DIVISION ? d NO. 06-7291 CUMBERLAND C04Y ut r ? AMENDED -< w AFFIDAVIT PURSUANT TO RULE 3129.1 n --a n -? -r: rn CHASE HOME FINANCE LLC , Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 305 OAKVILLE ROAD, SHIPPENSBURG, PA 17257-0000 1. Name and address of Owner(s) or reputed Owner(s): Name LAURA M. BABCOCK 2. Name and address of Defendant(s) in the judgment: LAURA M. BABCOCK Address (if address cannot be reasonably ascertained, please indicate) 305 OAKVILLE ROAD SHIPPENSBURG, PA 17257 305 OAKVILLE ROAD SHIPPENSBURG, PA 17257 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) RJM Acquisitions, LLC. 520 Fellowship Road C306 c/o Apothaker and Associates, P.C. Mount Laurel, NJ 08054 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Address (if address cannot be reasonably ascertained, please indicate) 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Address (if address cannot be reasonably ascertained, please indicate) 305 OAKVILLE ROAD SHIPPENSBURG, PA 17257-0000 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13TH Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. awrence ?TPhelanEsq., I o. 3 27 L Francis S. Hallinan, Esq., Id. No. 62695 I- Daniel G. Schmieg, Esq., Id. No. 62205 P Michele M. Bradford, Esq., Id. No. 69849 C: Judith T. Romano, Esq., Id. No. 58745 L' Sheetal R. Shah-Jani, Esq., Id. No. 81760 L Jenine R. Davey, Esq., Id. No. 87077 L Lauren R. Tabas, Esq., Id. No. 93337 L Vivek Srivastava, Esq., Id. No. 202331 C Jay B. Jones, Esq., Id. No. 86657 L Peter J. Mulcahy, Esq., Id. No. 61791 L Andrew L. Spivack, Esq., Id. No. 84439 I 1 Jaime McGuinness, Esq., Id. No. 90134 1 Chrisovalante P. Fliakos, Esq., Id. No. 94620 1 Joshua 1. Goldman, Esq., Id. No. 205047 / Courtenay R. Dunn, Esq., Id. No. 206779 1 Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS LAURA MICHELLE BABCOCK Defendant(s) . CIVIL DIVISION No. 06-7291 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) CUMBERLAND COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: 7? ?' b-0 T ZO'Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 A Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 146009 i O 4) V. d C1 y a° £ o L6 L 3000 dlZ Woa-4 a311V" soot osnON sszccvj °ZO oZ?'ZO $ ® G 7 O U Z a J W M U N v Q o C) ? v }? O N CL a a° > la N C C e- 0, m _W U C> H v> > (co: 'r d w WW a? ?+ a i ? Q Lp 0 U) CL ?:3 CO Z ??"wl c 1F?- C0) 3 °' E °??? w?°3W ?-o ?:?Z'.o wtE"OO-N3 e b Acorn H Oa, FAO>o w d•e C%? M °N a +r so. ?04C7aVO??O ar>A? w ° aoiw a g0.i ._ oe 3 ea a > a as -J u C7Tov era="oddw?'' d -J u Z?a? dz¢W Wr?? >C =woao?.ro?13o ga a ¢Oaa• o ¢?O £ ? L bw a Lwa"? Lv Q 0 0a z'^ O z a? ELLL' ' •o o Via a . Z ° v? A U?UOUAa Vm?°toGG??°wAE-?Wa?3 x a? .Q Z 90 U C3 0 Q Jm T- C C J Z O U m D t U 0 r O N cl 2 Q w J Q th a Icy) I? 1,0 iCD It I.0 10, 1° I? ICN N ?, 8 N C m 0 L_ 0) 0 C X 3 O C C L C C E U N E 2 n 'm E ny ? L ?j ?' r N C C N > ?E 'O ?CwO N 7 O O Ol 'co ?hE m ? m m O O X I- _d N m Tp i ? dvof0a? ?c E0) m ? yN p ? d c N ? O.•- O E ?OO E? 00 O X MAP NOC O E OB O) ? N _E & oop? O• C m N U ? O O ? N 7 0 N N 7 m o C ? C N o?a•y? N C NLm N CL C N O t N zo O C p N . w d C, E C O I CT=.O L mv) m a F n fn 2 o C •s 0 m E m z CL do CL a. E S9) 8 ?0 a? 0 CL_ E ?a z> v co `oa? 7 J Z N o l? i m m LL m N O IL O O ? ? ? y"q m L a ? ?0 0 C ? L 00 r+ V O a . m a yUc U) oc a ? o ? d E W c, a a cc z O O O a ?'k 0 L m M E t z m _V ? Q y ?y .? V ChM ' C ? OZ! 3003dlZbjpW 1 f I 9SZLLZbppp osz-to ® ® W! Z p .?h O 'mod sale yUN E?a$ c c 6 ,§ E o 0 n E?vg N E0a'gm L L O L° W F .. C N p>p F E - m U Eoc o m?3o0 .. to E rA E, O oaz0? W _ - v a Z c' m 0 U . P16 g?cou4io O p y O O U m 3 6 2 N = U 41 C W A RE N Ot N E ? uct 0 d 8 =m ° Ha o r1 c U E z a d O CL o C w as m J oy ° ?a z> " ICO I? ILO 1`° I? ICO I0) 1C, (? Icv Im I-T ILo N 'O N o a m E A 7 J Z N o L HC SHERIFF'S OFFICE OF CUMBERLAND COUNTY.... Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ~~~<<rLt~ of ~:u+nC,~r~~~~4 ~~ ~r t:=,:~ ~~E;~.~:~F~ r C r ~-, ~''~^}'~RV 1010 ~,~~ Y ~ ~ ,,-1 I 1 ~ ~ 1 r, ~'~i Chase Home Finance LLC vs. Laura Babcock Case Number 2006-7291 SHERIFF'S RETURN OF SERVICE 12/18/2009 07:27 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 18, 2009 at 1925 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Laura Babcock, located at, 305 Oakville Road, Shippensburg, Cumberland County, Pennsylvania according to law. 12/18/2009 07:27 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 18, 2009 at 1925 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Laura Babcock, by making known unto, Laura Babcock, personally, at, 305 Oakville Road, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 03/03/2010 Property sale postponed to 4/7/2010. 04/07/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on April 7, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Daniel G. Schmieg, on behalf of , FANNIE MAE, P.O. Box 650043, Dallas, TX, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 819.69 SHERIFF COST: $819.69 May 21, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (ci CouittySuite Sh2n`f. Te!eosoft. 6'C. G!~ 760 ~3 .~~~5~3 On December 1, 2009 the Sheriff levied upon the defendant's interest in the real property situated in North Newton Township, Cumberland County, PA, Known and numbered, 305 Oakville Road, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 1, 2009 By: ~~ ~ Real Estate Coordinator ~I~il~i~l~ ~ ~~ n~~~~~~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 22, January 29. and February 5, 2010 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. wit lvo. zoos-9291 civli Chase Home Finance LLC s/b/m to Chase Manhattan Mortgage Corporation vs. Laura Babcock Atty: Daniel Schmieg By virtue of a Writ of Execu- tion No. 06-7291, CHASE HOME FINANCE LLC vs. LAURA M. BAB- 000K, owner(s) of property situate in the Township of North Newtown, Cumberland County, Permsylvania, being (Municipality) 305 OAKVILLE ROAD, SHIPPENSBURG, PA 17257- 0000. Parcel No. 30-25-0116-036. (Acreage or street address) Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $86,496- .19. PROPERTY ADDRESS: 305 Oakville Road, Shippensburg, PA 17257. ./~"'~ -- isa Marie Coyne, ltor SWORN TO AND SUBSCRIBED before me this 5 day of February, 2010 ,,, ,.; ` . Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY Niy Commission Expires Apr 28, 2010 . _ .The Patriot-News Co. 812 Market St. Harrisburg, PA 1,7101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE ~e patriot News NOW you know CARLISLE PA 17013 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she 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 she 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 t~N+iraber: ~011~-T1i1 Chill ,T~ ChsM Flog Rlrl~ LLC: SKIM tq,Chsse ~nhaMbfn M®rtgege ~^ vA. Cesare Wrbcock Atty: Danlal 5~~8. Byvi-me of a Writ of Exscotias No. 06-7291 CfiASE li0bIF3 F1IVpNtE LLC vs. LAURA M, ~ABGOty$ owner(s) of ptopecty situate in the Township of North NcWtQwn, Cumberlsod Cauaty, Petmsylvaoia, beie8 , Wit!") ~ ~~~ 305 OAKVI[3E ROAD; $HIPPENSBIJRG, PAS 19257-0000 Panx1 No. 3445-0116.036 (Acreage or, stmt address) Iv~rova~eats thereon; RESIDENTIAL DWELLING NDG~N't' 7f1"t': 586,496.14 PRpP)~TY ADDRBSS: 305 Orrtville Rand, Sttippetiffibrig, Pas 17257 This ad ran on the date(s) shown below: c /'~~ Sworn to and su~fscribed before me this ~d of February, 2010 A.D. - ~--._ Notary Pu lic COMMONWEALTH OF PENNSYLVANlA Notarial Seal Sherrie L 1Gsner, Notary Public City Of Harrisburg, [dauphin Courer,: My Comrrrission ~i-es Nov. 26, ~f)~ Member, Pennsylvania Association of Nolar+e-. 01 /22/10 01 /29/10 02/05/10 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which FANNIE MAE is the grantee the same having been sold to said grantee on the 7TH day of APRIL A.D., 2010, under and by virtue of a writ Execution issued on the 25TH day of NOV, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 7291, at the suit of CHASE HOME FINANCE LLC against LAURA M BABCOCK is duly recorded as Instrument Number 201013334. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~~ day of A.D. ~~~ /I _ n Reorder of Deeds ~~f~talii-!N w ~.r~r~,~i.~ow