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HomeMy WebLinkAbout07-4555 PHELAN HALLINAN &SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 1s8727 JP MORGAN CHASE BANK, AS TRUSTEE 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff v. BRANDON D. MITCHEM 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM L CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 1s8727 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 #: 158727 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 File #: 158727 a 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 #: 158727 1. Plaintiff is JP MORGAN CHASE BANK, AS TRUSTEE 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: BRANDON D. MITCHEM 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/19/2002 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to THE WASHINGTON SAVINGS BANK, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1762, Page: 2259. By Assignment of Mortgage recorded 02/08/2007 the mortgage was Assigned To WELLS FARGO BANK, NATIONAL ASSOCIATION which Assignment is recorded in Assignment Of Mortgage Book No. 734, Page 1271. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 158727 5 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2006 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. The following amounts are due on the mortgage: Principal Balance $73,396.42 Interest $4,266.24 10/01/2006 through 07/30/2007 (Per Diem $14.08) Attorney's Fees $1,300.00 Cumulative Late Charges $263.78 06/19/2002 to 07/30/2007 Cost of Suit and Title Search 750.00 Subtotal $79,976.44 Escrow Credit $0.00 Deficit $469.77 Subtotal 469.77 TOTAL $80,446.21 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 158727 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $80,446.21, together with interest from 07/30/2007 at the rate of $14.08 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 LINAN &SCHMIEG, LLP ~~ ~, _ By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 158727 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Fifth Ward of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey of Reed Engineering, Inc., dated March 26, 1981, as follows, to wit: BEGINNING at a point on the northern line of West Simpson Street, said point being by same measured in a southwesterly direction a distance of 40.60 feet from an existing drill hole at the northwest corner of West Simpson Street and Cedar Alley; thence continuing along said northern line of West Simpson Street, south 79 degrees 31 minutes 35 seconds west, a distance of 20 feet to a point; thence north 10 degrees 28 minutes 25 seconds west along the eastern line of land now or formerly of Katherine M. Nailor and being along and through a partition wall and beyond, a distance of 89 feet to a point on the southern line of Ruppert Alley; thence north 79 degrees 31 minutes 35 seconds east along the southern line of Ruppert Alley, a distance of 19 feet to a point; thence south 11 degrees 07 minutes 02 seconds east along the western line of lands now or formerly of Richard C. Dietz, et ux., a distance of 89.01 feet to a point on the northern line of West Simpson Street, the point and place of BEGINNING. HAVING thereon erected a two and one-half story frame dwelling known and numbered as 218 West Simpson Street, Mechanicsburg, Pennsylvania. BEING the same premises which William C. Ressler and Sandra L. Ressler, his wife, by Deed dated February 27, 2002 and recorded March 10, 1997 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 154, page 241, granted and conveyed unto Diana L. Olson. PARCEL#: 20-23-0567-120 File #: 158727 VERIFICATION 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 of 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 its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: Q~ C~ ~ ~ c> ~ ~ °~ ~~ ~ ~`"= ~ p~ ` r ~_ ~_ ~ " l '~ "`"~ `~: J ~. -c~ ~'- 0 ~~ ~~ ~ ~_>> _~'~ -.-~.; ~ ; ~ci vrn --C SHERIFF'S RETURN - REGULAR CASE NO: 2007-04555 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JP MORGAN CHASE BANK VS MITCHEM BRANDON D SGT. JODY SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE MITCHEM BRANDON D was served upon the DEFENDANT at 1058:00 HOURS, on the 3rd day of August 2007 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to BRANDON D. MITCHEM a true and attested copy of COMPLAINT - MORT FORE NOTICE 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 So Answers: _ 18.0 0 w~ .00 .00 10.00 R. Thomas Kline .00 28.00 08/03/2007 PHELAN HALLINAN AND SCHMIEG By • ~J t~ ~1~ day Dep ty Sheriff of A.D. 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 (2151 563-7000 JP MORGAN CHASE BANK, AS TRUSTEE 3476 STATEVIEW BLVD. FORT MILL, SC 29715 Plaintiff, v. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-4555 CIVIL TERM BRANDON D. MITCHEM 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Flaintiff and against BRANDON D. MITCHEM ,Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff s damages as follows: As set forth in Complaint $ 80,446.21 Interest from 07/31 /07 to 10/30/07 $ 1,295.36 TOTAL $ 81,741.57 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, ' nd (2) that notice has been given in accordance with Rule ?37.1, copy attached. / # n { ry )~` 1 ,.../ DANIEL G. SCHMIE SQUIlZE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ' O PROTHY a~9 158727 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 JP MORGAN CHASE BANK, AS TRUSTEE :COURT OF COMMON PLEAS Plaintiff Vs. BRANDON D. MITCHEM Defendants TO: BRANDON D. MITCHEM 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 DATE OF NOTICE: OCTOBER 16, 2007 ~ ~ $ ,~ ~;~ ~, 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 MAYBE 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 ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 ~, ~•---- F NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff CIVIL DIVISION CUMBERLAND COUNTY NO. 07-4555 CIVIL TERM PHELAN HALLINAN &SCHMIEG, L.L.P. ' By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 JP MORGAN CHA5E BANK, AS TRUSTEE 3476 STATEVIEW BLVD. Plaintiff, v. BRANDON D. MITCHEM Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-4555 CIVIL TERM 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 BRANDON D. MITCHEM is over 18 years of age and resides at , 218 WEST SIMPSON STREET, MECHANICSBURG, PA 17055 . This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. r'\ DANIEL G. SCHMIEG, Attorney for Plaintiff ..- f--, ~•:-LL. .l V wYI ~ f 4 O --'~ :.~~ ~::~ V ~' ~ (Rule of Civil Procedure No. 236) -Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW JP MORGAN CHASE BANK, AS TRUSTEE 3476 STATEVIEW BLVD. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. BRANDON D. MITCHEM Defendant(s). CIVIL DIVISION NO. 07-4555 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on IUbU a 200'1. By: s Gct,t9~e~ TI~nT TTV ~ If you have any questions concerning this matter, please contact: ,^ ANIEL G. SCHM G, ESQU ~ttorney 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. • PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 JP MORGAN CHASE BANK, AS TRUSTEE . Plaintiff, . v. . No. 07-4555 CIVIL TERM BRANDON D. MITCHEM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 10/31/07 - 03/05/08 (per diem -$13.44) Add' 1 Costs TOTAL $ 81.741.57 $ 1,706.88 and Costs $1,826.50 $85,274.95 ~. e ~ ,, DIANIEL G. SCHMIEG, ESQUIRE / Sane Penn Center at Suburban Stati n ` 1617 John F. Kennedy Boulevard, ' e 1400 Philadelphia, PA 19103=1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a. representative of the plaintiff is not present at the sale.- 158727 - ~~ N ',~' ~ `"1 ~ O ~~ `k ~ ~ ~ ~ ~ ~ b ~ ._-~_ ~ ~ ~. '~ `~-~ ~a J ~~ r~+~ "~ '`~ -~, ~ ~ 6` 9, .,a ~ ~ o g un ~- ~ ~. ~~ '~~i ~ *t~ ~ C C~ ~' ~` o ~ ~' ~ ~~ ~o ~ ~~ b ~ ~ ~ ~ ~ d ~ ~ d ~ ~ ~ "'~ J a `'~ CZ u' t/~ *d ~ ~ ~~ ~ ~~ ~ c ~ ~ ~ ~ ~~ ~ wo~o$ $ o _~~ a ~ ~ ~ v . ., Ya t ' "i ~~ r `~~ 1 j , n...... ay . air"`4~' ~~a /SV E ' ~,... rr < =~= -.~_ DESCRIPTION ALL THAT CERTAIN tract of land situate in the Fifth Ward of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey of Reed Engineering, Inc., dated March 26, 1981, as follows, to wit: BEGINNING at'a point on the northern line of West Simpson Street, said point being by same measured in a southwesterly direction a distance of 40.60 feet from an existing drill hole at the northwest corner of West Simpson Street and Cedar Alley; thence continuing along said northern line of West Simpson Street, South 79 degrees 31 minutes 35 seconds West, a distance of 20 feet to a point; thence North 10 degrees 28 minutes 25 seconds West along the eastern line of land now or formerly of Katherine M. Nailor and being along and through a partition wall and beyond, a distance of 89 feet to a point on the southern line of Ruppert Alley; thence North 79 degrees 31 minutes 35 seconds East along the southern line of Ruppert Alley, a distance of 19 feet to a point; thence South 11 degrees 07 minutes 02 seconds East along the western line of land now or formerly of Richard C. Dietz, et ux, a distance of 89.01 feet to a point on the northern line of West Simpson Street, the point and Place of BEGINNING. HAVING HEREON ERECTED a two and one-half story frame dwelling known and numbered as 218 W. Simpson Street, Mechanicsburg, Pennsylvania. BEING the same premises which William C. Ressler and Sandra L. Ressler, his wife by their Deed dated February 27, 1997 and recorded May 10, 1997 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Hook 154, Page 241, granted and conveyed unto Diana L. Olson, Grantor herein. PARCEL IDENTIFICATION NO: 20-23-0567-120 CONTROL #: 20000116 Premises: 218 West Simpson Street, Mechanicsburg, PA 17055 1 fifth Ward of the Borough of Mechanicsburg Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN Brandon D. Mitchem, a single man, by Deed from Diana L. Olson, a single woman, dated 06/19!2002, recorded 06/20/2002, in Deed Book 252, page 1301. PRIOR DEED INFORMATION PHELAN HALLINAN &SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 JP MORGAN CHASE BANK, AS TRUSTEE Plaintiff, v. BRANDON D. MITCHEM Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-4555 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage () non-owner occupied () vacant Q 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. ~ r p, 1 DANIEL G. SCHMIEG, Attorney for Plaintiff •JP MORGAN CHASE BANK, AS TRUSTEE CUMBERLAND COUNTY Plaintiff, : ~, COURT OF COMMON PLEAS BRANDON D. MITCHEM CIVIL DIVISION Defendant(s). NO. 07-4555 CIVIL TERM AFFIDAVIT FURSUANT TO RULE 3129 (Affidavit No. l) JP' MORGAN CHASE BANK, AS TRUSTEE ,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 ,218 WEST SIMPSON STREET, MECHANICSBURG, PA 17055 . 1. Name and address of Owner(s) or reputed Owner(s): Name BRANDON D. MITCHEM Last Known Address (if address cannot be reasonably ascertained, please indicate) 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate} None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BOROUGH OF MECHANICSBURG, WEST STRAWBERRY BOROUGH OF MECHANICSBURG, WEST STARWBERRY C/O DAVID J. SPOTTS, ESQ. NORTH MARKET STREET MECHANICSBURG, PA 17055 BOROUGH OF MECHANICSBURG 36 WEST ALLEN STREET MECHANICSBURG, PA 17055 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 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 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 unsw;ern falsification to authorities. r"~ October 31, 2007 T ` ~ '~ k DATE ANIEL G. SCHMIE SQUI Attorney for Plaintiff r~Ty ~ ,y , ~~ ..,.1.,. A.,4 ~ i _• F~'~ ..... 1 r.,.rq ~k~ ~.: ~ << y~~ L.h '~ JP MORGAN CHA5E BANK, AS TRUSTEE Plaintiff, v. BRANDON D. MITCHEM Defendant(s). CUMBERLAND COUNTY No. 07-4555 CIVIL TERM October 30, 2007 TO: BRANDON D. MITCHEM 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREYIOUSLYRECEIYED ADISCHARGE IN BANKRUPTCYAND 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 , 218 WEST SIMPSON STREET, MECH~ANICSBURG, PA 17055, is scheduled to be sold at the Sheriff s Sale on MARCH 5.2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $ 80,446.21 obtained by JP MORGAN CHASE BANK, AS TRUSTEE (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 Sheriff s 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 Caurt 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. J r 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 ABT~E TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SIiERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may f nd 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 f led by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff s Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-316b (800) 990-9108 DESCRIPTION ALL THAT CERTAIN tract of land situate in the Fifth Ward of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey of Reed Engineering, Inc., dated March 26, 1981, as follows, to wit: BEGINNING at a point on the northern line of West Simpson Street, said point being by same measured in a southwesterly direction a distance of 40.60 feet from an existing drill hole at the northwest corner of West Simpson Street and Cedar Alley; thence continuing along said northern line of West Simpson Street, South 79 degrees 31 minutes 35 seconds West, a distance of 20 feet to a point; thence North 10 degrees 28 minutes 25 seconds West along the eastern line of land now ar formerly of Katherine M. Nailor and being along and through a partition wall and beyond, a distance of 89 feet to a point on the southern line of Ruppert Alley; thence North 79 degrees 31 minutes 35 seconds East along the southern line of Ruppert Alley, a distance of 19 feet to a point; thence South 11 degrees 07 minutes 02 seconds East along the western line of land now or formerly of Richard C. Dietz, et ux, a distance of 89.01 feet to a point on the northern line of West Simpson Street, the point and Place of BEGINNING. HAVING HEREON ERECTED a two and one-half story frame dwelling known and numbered as 218 W. Simpson Street, Mechanicsburg, Pennsylvania. BEING the same premises which William C. Ressler and Sandra L. Ressler, his wife by their Deed dated February 27, 1997 and recorded May 10, 1997 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 154, Page 241, granted and conveyed unto Diana L. Olson, Grantor herein. PARCEL IDENTIFICATION NO: 20-23-0567-120 CONTROL #: 20000116 Premises: 218 West Simpson Street, Mechanicsburg, PA 17055 k'ifth Ward of the Borough of Mechanicsburg Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN Brandon D. Mitchem, a single man, by Deed from Diana L. Olson, a single woman, dated 06119/2002,. recorded 06/20/2002, in Deed Book 252, page 1301. PRIOR DEED INFORMATION WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-4555 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP MORGAN CHASE BANK, As Trustee, Plaintiff (s) From BRANDON D. MITCHEM (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 $81,741.57 L.L. $.50 Interest from 10/31/07 - 3/05/08 (per diem - $13.44) -- $1,706.88 and Costs Atty's Comm Atty Paid $147.00 Plaintiff Paid Date: 11 /02/07 (Seal) Due Prothy $2.00 Other Costs $1,826.50 5 u is R. Long, Prothonotary By: I~ Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN &SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215)563-7000 JP MORGAN CHASE BANK, AS TRUSTEE . Plaintiff vs. BRANDON D. MITCHEM Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-4555 CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on August 1, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A,~ 2. Judgment was entered on November 2, 2007 in the amount of $81,741.57. 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 Sheriff s Sale on March 5, 2008. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $73,225.70 Interest Through March 5, 2008 $6,478.53 Per Diem $14.24 Late Charges $304.84 Legal fees $1,250.00 Cost of Suit and Title $1,209.00 Sheriffs Sale Costs ($0.00) Property Inspections $15.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium/ $184.53 Private Mortgage Insurance Non Sufficient funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $1,072.46 TOTAL $83,740.06 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 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 December 19, 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 certification of mailing are 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. DATE: el 1 ' chmieg, LLP By is le M. ra or ,Esquire Attorney for Plai PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. LD. No. 69849 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 JP MORGAN CHASE BANK, AS TRUSTEE Plaintiff . vs. BRANDON D. MITCHEM Defendant CUMBERLAND County No. 07-4555 CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE BRANDON D. MITCHEM executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 218 WEST SIMPSON STREET, MECHANICSBURG, PA 17055. 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 Court of Common Pleas Civil Division 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 Sheriff s sale. Nationsbanc Mortg_a~e 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. Cion oli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Compan~v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978}. In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriff s 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). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriff s 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, Plaintiff s interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 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 Shoppin 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 often 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 often 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: LLP By: l~icliele M. Attorney for Esquire Exhibit `~A" r~ ~ iii "U i~1 Z'" ~~ i'-- - 7 b ~ ` - - ~. ~... '-a r, ~ r 'TS ~~ N dm ~ -"- ~ ~ PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. Na. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 622Q5 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215 563-7000 Is8727 JP MORGAN CHASE BANK, AS TRUSTEE 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 v. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM ~' '' BRANDON D. MITCHEM 218 WEST SIlvIPSON STREET MECHANICSBURG, PA 17055 Defendant CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE G9~ ~'~~'Q~ s R~~~~l ~~ ~"fi'~y~~ :C~~;~' ~~ ~;~5~ File #: 158727 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 q: 158727 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 Fitc #: 158721 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 NDGMENT 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. Fiie N: 158727 I . Plaintiff is 1P MORGAN CHASE BANK, AS TRUSTEE 3476 STATEVIEW BOULEVARD FORT MILL, 5C 29715 2. The Warne{s} and last known address(es) of the Defendant{s) are: BRANDON D. MITCHEM 218 WEST SIMPSON STREET MECHANICSBURG, PA l?OSS who is/are the mortgagor{s) and/or real owners} of the property hereinafter described. 3. On 06/19/2002 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to THE WASHINGTON SAVINGS BANK, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1762, Page: 2259. By Assignment of Mortgage recorded 02/08/2007 the mortgage was Assigned To WELLS FARGO BANK, NATIONAL ASSOCIATION which Assignment is recorded in Assignment Of Mortgage Book No. 734, Page 1271. PLAINTIFF is now the Iegal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment{s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 10I9(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File N: 158727 5. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11lOI/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. The following amounts are due on the mortgage: Principal Balance $?3,396.42 Interest $4,2b6.24 10/01/2046 through 07130/2007 (Per Diem $ I 4.08) Attorney's Fees $1,300.00 Cumulative Late Charges $263.78 06/19/2002 to 07/30/2007 Cost of Suit and Title Seazch 70.00 Subtotal $79,97b.44 Escrow Credit $0.00 Deficit $469.77 Subtotal b9.77 TOTAL $80,446.21 7 If the mortgage is reinstated prior to a Sheriff s Sale, the attomey's fee set forth above may be less than the amount demanded based on work actually performed. The attomey's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5°10 of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File N: 158727 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment} against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $80,446.21, together with interest from 07!30/2007 at the rate of $14.08 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 LINAN & SCHMIEG, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 118727 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Fifth Ward of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey of Reed Engineering, Inc., dated March 26, 1981, as follows, to wit: BEGINNING at a point on the northern line of West Simpson Street, said point being by same measured in a southwesterly direction a distance of 40.b0 feet from an existing drill hole at the northwest corner of West Simpson Street and Cedar Alley; thence continuing along said northern line of West Simpson Street, south 79 degrees 31 minutes 35 seconds west, a distance of 20 feet to a point; thence north 10 degrees 28 minutes 25 seconds west along the eastern Line of land now or formerly of Katherine M. Nailor and being along and through a partition wall and beyond, a distance of 89 feet to a point on the southern line of Ruppert Alley; thence north 79 degrees 31 minutes 35 seconds east along the southern line of Ruppert Alley, a distance of 19 feet to a point; thence south I I degrees 07 minutes 02 seconds east along the western line of lands now or formerly of Richard C. Dietz, et ux., a distance of 89.01 feet to a point on the northern line of West Simpson Street, the point and place of $EGiNNING. HAVING thereon erected a two and one-half story frame dwelling known and numbered as 218 West Simpson Street, Mechanicsburg, Pennsylvania. BEING the same premises which William C. Ressler and Sandra L. Ressler, his wife, by Deed dated February 27, 2002 and recorded March 10, 1997 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book I54, page 241, granted and conveyed unto Diana L. Olson. PARCEL#: 20-23-0567-120 rtEou: tsan~ VERIFICATION 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 of the pleading, that he is authorized to make this verification pursuant tv 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 its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject tv the penalties of l8 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. ~1 + Francis S. Hallman, Esquire Attorney for Plaintiff DATE: Cs C~t Exhibit `~B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCIiMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY $LVD., SUITE 1404 PHILADELPHIA, PA 19103-1814 X215) 563-7000 JP MORGAN CHASE BANK, AS TRUSTEE 3476 STATEVIEW~BLVD. FORT MILL, SC 29715 Plaintiff, i r~.,~~, L~~~Zt>,~ ~~y~ ,; G, ~/. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION v. NO. 07-4 VIL TERM BRANDON D. MITCHEM 218 WEST SIMFSON STREET ~ !=~ r.~~~ ,!~_ ~~ MECHANICSBURG PA 17055 ~1~ ~S ~~, ~l~~p~ r• .:Defendant(s). ~~'~.~~is~~ ~f~~ ~! in'k' c> PRAECIPE FOR IN REM JUDGMENT FOR FAILURE T~} ~' ~, ANSWER AND ASSESSMENT OF DAMAGES '-'~' ~ {^ ': TO THE PROTHONOTARY: ~ °~~~~ ~ N :r ~`' f i ~ Kindly enter an in rem judgment in favor of the Plaintiff and against BRA Nom. v,'~,~; MITCHEM ,Defendant(s) for failure to file an Answer to Plaintiffs Complaint win ~(~ dam' from service thereof and'.for Foreclosure and Sale of the mortgaged premises, and assess Plainl~s ~°mages as follows: As set forth~in Complaint $ 80,445.21 Interest from 07/31/07 to 10/30/0~ ~~ ~~$ 1,295.36 TOTAL ~ . ~ ~~~ $ 81,741.57 i hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, ~ d (2) that notice has been given in accordance with Ruie 7.1, copy attached. for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 11 ., s PRn PROTHY 158727 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 Representing Lenders in Pennsylvania and New Jersey December 19, 2007 BRANDON D. MITCHEM 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 RE: JP MORGAN CHASE BANK, AS TRUSTEE vs. BRANDON D. MITCHEM Premises Address: 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 CUMBERLAND County CCP, No. 07-4555 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), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by December 24, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. t y ur M he e .Brad or squire For Phelan Hallinan chmieg, LLP Enclosure °o a _W x U z Q a 0 .~ ~~ .a o0 ~° ~ ~ ~' a U a -~ .~ oa ~ ~ C y ~ L ~ zoo ~ 0.U .~ T~ p ~~ y ~ ~ N O y j W 'b O a~s~ E ~ ~~' ~ u ~ ~ ~ V 8 .~ ~ N . ~V _ s o i s ~ 3ao~ diz woad o~i~r~ ~ NN 'r°-~ .o~wp v coon s'c ~~a o cos ~ztiooa. ~ . ~ ~ w~ zo 050• I.o ~ p _~ ~ ~ a S37VGOg A3N11d ~ C ~~~ ~®/~-~rr i ^` ~ ~+ o ~ o ,~ ~-.' E -~ O '~„~,~ye ,.b _~ ~ ~e ~~' .~ .w ~ ° g~ v b~~od 8 '~ ~~ T C j a ~ ~ C. Q ttl yyy G ~ .~ 4+ C ~n C ~"+ O ~ O ~ U G _ y ~°~~ W ~ M '7 O O N ~ V ~ d$~ d ~ J ~ ~ ,,CC v F+~ wwW. ~r Q ~ m ~, a ~ .~ ~~ ~ a ~ H o w ~ ~" a ~ °~ ~ a N ~ R ~, ~ a r.+ ~ ~" ~" w w ~a ^ H C7 y rx h ~ L z" ~o o Q ~ w~ a ~'' W ~~ a z ~~ ~ .o N z d ~ x a u ~' o~ ..~ .~ '° ~y z„ J 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. e H ieg, LLP DATE: By: Mi hele . Bradfo d, E q ire Attorney for 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 (215) 563-7000 JP MORGAN CHASE BANK, AS TRUSTEE Plaintiff vs. BRANDON D. MITCHEM Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-4555 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. BRANDON D. MITCHEM 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 hel n li i g, LLP DATE: ~ By; i ele radfor , E q 're Attorney for Plaintiff ~3 ~L"~ C~ ~"~ ~~ 1 ~ a ~ ;,( ~ ~ ~ , :~ ~1 .~ t .• ~¢ 'i .~ ~5 :.G ~~.~ ~ 120p~/~'/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JP MORGAN CHASE BANK, AS TRUSTEE Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County BRANDON D. MITCHEM . No. 07-4555 CIVIL TERM Defendant RULE AND NOW, this ~ day of J 2 i7, 2008, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. t.~•tr~dttu 2a 17NYS 8h 7~r>; ~W ~'~. o~ '71a IS 0~)J~~C' , Rule Returnable on the ~3` e~ 20~R, at ~~ +hP l~~a;n C BY THE COURT 158727 ~'" y F ~. ~ ~ ~- t'~ ~ ~ N ~ ` ~ ro 4 ~ --~ -~ ~~~ ,i ...,: ~.,.. r~^~ Cp C.~"-ls r~'^1t 4./ `~.J 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 X215)563-7000 JP MORGAN CHASE BANK, AS TRUSTEE Plaintiff vs. BRANDON D. MITCHEM Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-4555 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 January 29, 2008 was sent to the following individual on the date indicated below.. BRANDON D. MITCHEM 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 DATE: l ~~ h 1 ' ieg, LLP By: is le M. Bra for , squire Attorney for Plaintiff ~;' . ~~ ~, cr. .-.~ rt ~ _ ..ter ,,~-^~~ : ~ .. . ~ , ; ~1~1 - :~ s ~ ~'~ ~`" ~~ ~~ .-t' a PHELAN HALLINAN & 5CHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215)563-7000 JP MORGAN CHASE BANK, AS TRUSTEE Plaintiff vs. BRANDON D. MITCHEM Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division CUMBERLAND County No. 07-4555 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE JP MORGAN CHASE BANK, AS TRUSTEE, by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on December 28, 2007. 3. A Rule was entered by the Court on or about January 4, 2008 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on January 9, 2008, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 29, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. P 1 ' a chmieg, LLP DATE: By~ ich le M. Bra ,Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. LD. No. b9849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 JP MORGAN CHASE BANK, AS TRUSTEE Plaintiff vs. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County BRANDON D. MITCHEM Defendant No. 07-4555 CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on December 28, 2007. A Rule was entered by the Court on or about January 4, 2008 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on January 9, 2008 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 29, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. e 11' eg, LLP DATE: ~ ~ ~ By~ Mi hele .Bra fo squire Attorney for Plaintiff Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~~ PENNSYLVANIA JP MORGAN CHASE BANK, AS TRUSTEE Court of Coritmon Pleas Plaintiff Civil Division vs. BRANDON D. MITCHEM Defendant CUMBERLAND County No. 07-4555 CIVIL TERM RULE AND NOW, this- ~ - day of 2008, a Rule is entered ~zpon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. ~~{ GJ1~~.~;J~ .l.d ef.z7s ~ "~'~.t~ G~l.$"1'£. t7ir `~-~,+~ c92c~c'JZ,. Rule Returnable on the I , BY THE COURT J. iss~27 !fit T~~$o~I~€I~' ~~~91'~If, i ~i8t8 tlt~i~; ~z i er;°~ ~s~~~d ~~~1 ~ ! t~f ~ Court ~ C~~as, Pa ~~ , ~~.~, Exhibit "B" cn ~ m ~ : ..._ c.,. ~. ; ~ < i ~ --- r _ '~~' --~, ~-~ t,= _ , •~ ' i;._ tV _. C..J t1 ~ f ~ -~ PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ~ Atty. LD. No. 69849 , ,~~~ One Penn Center, Suite 1400 ~ ~~~" ~ ,f ,,, , ,, 1617 John F. Kennedy Boulevard ;;.. `'»~~`~ Philadelphia, PA 19103-1814 ;~;,~ . ' ,~~. (~ 1 Sl 5t~_7nnn ~~"' JP MORGAN CHASE BANK, AS TRUSTEE Plaintiff vs. BRANDON D. MITCHEM Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-4555 CIVIL TERM I hereby certify that a true ;,~oi~~ copy of our Motion to Reassess Damages noting a Ruie Return date of January ~~12~ sent to the following individual on the date indicated ~, a below.. BRANDON D. MITCHEM 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 DATE: l ~~ ~~'~ ,~~~_~ t,, *' ~~. h F!/. ib~ ~~ ~ By. LLP Attorney for Plaintiff 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 Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. a li ~ ieg, LLP DATE: ~ ~ By ichele .Bradford, ire Attorney for 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 (215 563-7000 JP MORGAN CHASE BANK, AS TRUSTEE Plaintiff vs. BRANDON D. MITCHEM Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-4555 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. BRANDON D. MITCHEM 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 DATE: hmieg, LLP By: ichele M. Brad or , squire Attorney for Plaintiff ~ ~ c, - I ' P ; '-~~ T~ °. 4J3 _~ f ~ ~: `~ ~~ .ate ~; ~^ C,I~ `~".^~~~' uC PHELAN HALLINAN & SCHMIEG BY: DANIEL G. SCHMIEG, ESQUIRE I.D. N0.62205 ATTORNEY FOR PLAINTIFF SUITE 1400/ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19103-1814 JP MORGAN CHASE BANK, AS TRUSTEE v. BRANDON D. MITCHEM #158727 ATTORNEY FOR PLAINTTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-4555 CIVIL TERM PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF AND ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please mark the judgment in the above-captioned matter to the use of WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Date: 1 /29/08 DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of WELLS FARGO BANK, N.A., USE PLAINTIFF. a DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff C~ ~" ~ ~"' ~ V v r ~r- ~ " O ~ f ~ t: . _ ~+ -f ~.,< SALE DATE: MARCH 5, 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW JP MORGAN CHASE BANK, AS TRUSTEE No.: 07-4555 CIVIL TERM vs. BRANDON D. MITCHEM AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 218 WEST SIMPSON STREET, MECHANICSBURG, PA 17055. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL SCHMIEG, ES Attorney for Plaintiff January 29, 2008 -' ~+~, a O ~" a: °~ ~ a ~~ ~ o~~ ~~ ~U U ~ ~ ~* ~~ o°_° „d o ~~ ~ ~' a~~a ~~~ a ~ti ~aa~ ~ ~,~~ a~ °a ~~b d d zeo 3aoodiz woa~ a31~'dw ~~ W ~~py ~ ~ g . r £o ~s ~ 4Zb000 , ~ a ~ LOOZ 4£ 1~ 0 l08 w~ zo W _ g ~ ~' ~~y ~z~~ 048 ~ s. u ~o C _ ,~ ~*,ti5~ ~~ /, xg~ .9 H O ~ t~ ~ ,~F ~ o ~ .~ ~ o ~ E~w.a M ~ o :: ~ ' o° u rte. ~ o ~ a '®~ T ~ a ~'~' Q a C7 ~ ti ~ ~ ov ~. ~e a ~ ~ > ~ °/ ~ u 5 ~, .s ~-r Q ~ a V W ~ H .~ U ~ ~ v w~ W ~ N ~' ~ .~ a O ~ ~ ~$ c~° : v~ O V ~ A . ~ . 8 w a ~ o ~ y~ ~~ O O a ~ ° _ a~ ° w , d moo. ~~°~ oo~ Qz ~ ~ ~ ~ ~, ~ ow.~ ,T, w ~ v~ U ~ C/~ ~ ~ 0 .a °o .° 5~~.~~ H ~ ~ Z O () ~ ~ ~"~ N uL'~S a M ~ M ~ ~ (~ ~~ Hw z ~ wa ~ w a '? ~ 3 Eo ~ d1p m ~~ 'u Q A ~ ~ .~ 0 ~ ~ ~ ^ a n I' w ~ ~~ ~ ~~ aA ~ ,,..~ ~ ~ ~ ~ S O O ~ O a ~ 'fl W ~ ~ ~ ~ ~o ~ N ~ -d ~ ~ a•~ a b H • ~ ~ ~ r1 c Fv~l ~ ~ ~A ~ ~ Iv~l 0 Iv~l Ey O r U ~ ~ o ~^ N V W ° O °c ~ A ~+ ~' d pa x ~+ a ~ ~ h r ai O ~ ~ q 0 ~ z ~rn a •~N ~ 30 •~..~ ~ W E"' Q( ~ ~;+ ,~ W ~ a ~ Z ~ a ~ a ~,~ NN ~~ a3 p G ~ ~ O w~ w a ~ H y ~ ~ ~ ~ ~ ~ ~Q p o~ x ~ ~ x~ a x ~ ~ W ~ q~ u U ~ 3vi gi " ~o~o C7 H ~ G7H C7 A ~~ ~: v~ o ~, z ¢ ~ ~; ° ° x -~ ~ ~ ~ ,~ ~ ° ~ ~ x ~ O F E-~ ~ ~ ~ ~ ~ ~ ~ O E~ E" O W z O ~ a ~ a O z o~ °.~' ~ a°i O O O W ~ O W p0., O~ W ~ ~ z A ~ ~ U~ Sa Aa t~ Z ~ pad ~ Aq M ~ as Ha d ~ -,, z °' s a o~ ; ~ ~ r. cv ri v ~n ~o t~ oo z q :a o C) r., ° C1 ~, `t , Pl {.f~ ~ y ,1 t'w _ ~, ~ G.v ": ~e sv ~os~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JP MORGAN CHASE BANK, AS TRUSTEE Court of Common Pleas Plaintiff . Civil Division vs. : CUMBERLAND County BRANDON D. MITCHEM No. 07-4555 CIVIL TERM Defendant ORDER AND NOW, this 2~ ~~ day of ~c , 2008, upon consideration of Plaintiff's ~. Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $73,225.70 Interest Through March 5, 2008 $6,478.53 Per Diem $14.24 Late Charges $304.84 Legal fees $1,250.00 Cost of Suit and Title $1,209.00 Sheriffs Sale Costs ($0.00) Property Inspections $15.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $184.53 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 :s.. C.Y.; ,.d_ C...~ ~r_ L. ~--~ ` ~` ~~'"7 °t ~ , f \,d + ~~ C~..J C~ h- t...+ ~ 4 ^ µa . !:. ..:i G `..J t,..,,~ Suspense/Misc. Credits Escrow Deficit TOTAL ~$o.oo~ $1,072.46 $83,740.06 Plus interest from March 5, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriff s commission is not included in the above figure. BY THE COURT J. 158727 ~/24/D$ eo~,~ ,~~~~~ ~~ ~~ ~d~ ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 07-4555-CIVIL TERM EMERGENCY MOTION FOR POSTPONEMENT OF SHERIFF'S SALE Plaintiff, by its counsel, PHELAN HALLINAN &SCHMIEG, LLP, petitions this PHELAN HALLINAN &SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE ATTORNEY I.D. NO. 91656 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215)563-7000 JP MORGAN CHASE BANK, AS TRUSTEE vs. BRANDON. D. MITCHEM Honorable Court for a postponement of its Sheriff s Sale scheduled in the above captioned matter and in support thereof avers the following: A Sheriffs Sale of the mortgaged property involved herein has been scheduled for July 9, 2008. 2. Plaintiff has agreed to enter into negotiations to place Defendant on a repayment plan, which would allow the defendant to cure the mortgage default. 3 A postponement is requested to enable the Plaintiff and Defendant to potentially negotiate a repayment plan to cure the outstanding arreages. s WHEREFORE, Plaintiff respectfully requests that the Sheriffs Sale of the mortgaged premises be continued to September 3, 2008. PHELAN HALLINAN & SCHMIEG, LLP ~OSE~H PI~SCHALK, ESQUIRE ATT RNEY FOR PLAINTIFF VERIFICATION JOSEPH P. SCHALK, ESQUIRE, hereby states that he is the attorney for the plaintiff in this action, that he is authorized to take this verification, and that the statements made in the foregoing Emergency Motion for Postponement of Sheriff s Sale are true and correct to the best of his knowledge, information and belief. The undersigned also understands that this statement herein is made subject to the penalties of 18 Pa. Sec. 4904 relating to unsworn falsification to authorities. Date: '~ 8 of I P .SCHALK, ESQUIRE ATT EY FOR PLAINTIFF y PHELAN HALLINAN &SCHMIEG, LLP By: JOSEPH P. SCHALK, ESQUIRE IDENTIFICATION N0.91656 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 JP MORGAN CHASE BANK, AS TRUSTEE vs. BRANDON. D. MITCHEM ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 07-4555-CNIL TERM CERTIFICATION OF SERVICE I, JOSEPH P. SCHALK, ESQUIRE hereby certify that a copy of the Motion for Postponement of Sheriffs Sale has been sent to the individual indicated below on July 8, 2008. BRANDON. D. MITCHEM Z 18 WEST SIMPSON STREET MECHANICSBURG, PA 17055 PHELAN HALLINAN &SCHMIEG, LLP JOS~PI~P. SCHALK, ESQUIRE AT ORNEY FOR PLAINTIFF c~ ~ ra ~ ~. ~ . s r-'- ~' r tt~ ~;:; ~ te' r . t ~ , ~~~ ~ -ri ~ .~- 4_ • ~ JUL 0 $ 20D8 Nv JP MORGAN CHASE BANK, AS TRUSTEE COURT OF COMMON PLEAS vs. CIVIL DIVISION BRANDON. D. MITCHEM CUMBERLAND COUNTY No.: 07-555-CIVIL TERM ORDER AND NOW, this ~ day of T , 2008, after consideration of Plaintiff s Emergency Motion to Postpone Sheriff s Sale of the mortgaged property, it is hereby ORDERED that the said sale is extended to the regularly scheduled Cumberland County Sheriff s Sale dated September 3, 2008. ,W J CC. BRANDON. D. MITCHEM 2l8 WEST SIMPSON STREET MECHANICSBURG, PA 17055 TELEPHONE: N/A FAX: NIA EMAIL: N/A JOSEPH P. SCHALK, ESQUIRE PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 TELEPHONE: 215-563-7000 XT 1366 FAX: 215- 563-5534 EMAIL: joseph.schalk@fedphe.com .~,~,~ ~~,,~.2~c. ~- o y . o ~ -/^ T<1 TiiT !'1l1iTTT '~`tt~d11~A~N~Wf l:} ~~~. $~ .~. ~~ 6- ~fif g00Z ~1 ~ JP Morgan Chase Bank, As Trustee In the Court of Common Pleas of VS Cumberland County, Pennsylvania Brandon D. Mitchem Writ No. 2007-4555 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that on December 06, 2007 at 1112 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: Brandon D. Mitchem, by making known unto Brandon D. Mitchem, personally at 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copies of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2008 at 2026 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 Brandon D. Mitchem located at 218 West Simpson Street, Mechanicsburg, 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: Brandon D. Mitchem by regular mail to his last known address of 218 West Simpson Street, Mechanicsburg, PA 17055. These letters were mailed under the date of January 8, 2008 and never returned to the Sheriff s 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. Sheriffs Costs: Docketing 30.00 Poundage 21.60 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 19.20 Levy 15.00 Surcharge 20.00 Postpone Sale 60.00 Law Journal 449.00 Patriot News 43 8.17 Share of Bills 16.17 xf v ~ 64 / ~~ $1 101 ~ , . So Ans%~~rn ~~, ~, R. Thomas Kline, Sheriff BY _ Real Estat ergeant ~ C''' a ` fro ~`~ V ~ y~ 3 ~o~' ~ ~l~ '~ 0 JP MORGAN CHASE BANK, AS TRUSTEE Plaintiff, v. BRANDON D. MITCHEM Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-4555 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) JP MORGAN CHASE BANK, AS TRUSTEE , Plaintiff in the above action, by its attorney, DANIEL G. SCHIVIIEG, 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 ,218 WEST SIMPSON STREET. MECHANICSBURG. PA 17055 . 1. Name and address of Owner(s) or reputed Owner(s): Name BRANDON D. MITCHEM Last Known Address (if address cannot be reasonably ascertained, please indicate) 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BOROUGH OF MECHANICSBURG, WEST STRAWBERRY BOROUGH OF MECHANICSBURG, WEST STARWBERRY C/O DAVID J. SPOTTS, ESQ. NORTH MARKET STREET MECHANICSBURG, PA 17055 BOROUGH OF MECHANICSBURG 36 WEST ALLEN STREET MECHANICSBURG, PA 17055 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 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 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 unsw,grn falsification to authorities. October 31, 2007 DATE G. SCHMIEG, for Plaintiff :~ 1 -. JP MORGAN CHASE BANK, AS TRUSTEE Plaintiff, v. BRANDON D. MITCHEM Defendant(s). CUMBERLAND COUNTY No. 07-4555 CIVIL TERM October 30, 2007 TO: BRANDON D. MITCHEM 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED ADISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINST PROPERTY. ** Your house (real estate) at , 218 WEST SIMPSON STREET, MECHANICSBURG. PA 17055, is scheduled to be sold at the Sheriffs Sale on MARCH 5, 2008 at 10:00. a.m. in the Cumberland County Courthouse, South Hanover Street, Cazlisle, PA 17013, to enforce the court judgment of $ 80.446.21 obtained by JP' MORGAN CHASE BANK. AS TRUSTEE (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 Sheriff s 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 fmd 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 s~1e 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 aRer the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff s Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 t DESCRIPTION ALL THAT CERTAIN tract of land situate in the Fifth Ward of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey of Reed Engineering, Inc., dated March 26, 1981, as follows, to wit: BEGINNING at"a point on the northern line of West Simpson Street, said point being by same measured in a southwesterly direction a distance of 40.60 feet from an existing drill hole at the northwest corner of West Simpson Street and Cedar Alley; thence continuing along said northern line of West Simpson Street, South 79 degrees 31 minutes 35 seconds West, a distance of 20 feet to a point; thence North 10 degrees 28 minutes 25 seconds West along the eastern line of land now or formerly of Katherine M. Nailor and being along and through a partition wall and beyond, a distance of 89 feet to a point on the southern line of Ruppert Alley; thence North 79 degrees 31 minutes 35 seconds East along the southern line of Ruppert Alley, a distance of 19 feet to a point; thence South 11 degrees 07 minutes 02 seconds East along the western line of land now or formerly of Richard C. Dietz, et ux, a distance of 89.01 feet to a point on the northern line of West Simpson Street, the point and Place of BEGINNING. HAVING HEREON ERECTED a two and one-half story frame dwelling known and numbered as 218 W. Simpson 3trset, Mechanicsburg, Pennsylvania. BEING the same premises which William C. Ressler and Sandra L. Ressler, his wife by their Deed dated February 27, 1997 and recorded May 10, 1997 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 154, Paqe 241, granted and conveyed unto Diana L. Olson, Grantor herein. PARCEL IDENTIFICATION NO: 20-23-0567-120 CONTROL #: 20000116 Premises: 218 West Simpson Street, Mechanicsburg, PA 17055 1~ifth Ward of the Borough of Mechanicsburg Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN Brandon D. Mitchem, a single man, by Deed from Diana L. Olson, a single woman, dated 06/19/2002,. recorded 06/20/2002, in Deed Book 252, page 1301. PRIOR DEED INFORMATION WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-4555 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP MORGAN CHASE BANK, As Trustee, Plaintiff (s) From BRANDON D. MITCHEM (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 $81,741.57 L.L. $.50 Interest from 10/31/07 - 3/05/08 (per diem - $13.44) -- $1,706.88 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $147.00 Other Costs $1,826.50 Plaintiff Paid Date: 11/02/07 s 'Cdrtis R. Long, Prothonot~yy (Seal) By, i Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN &SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #50 On November 27, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA Known and numbered as 218 West Simpson St., Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 27, 2007 By: Real Estate geant ,:~ _. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 1G, 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 25, February 1 and February 8, 2008 Affiant further deposes that he is authorized to veri ~y 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 a] 1 allegations in the foregoing statements as to time, place and character of publication arc true. SWORN TO AND SUBSCRIBED before me this 8 day of February, 2008 Notary NOTARIAL $~ DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commisslon Expires Apr 28, 2010 >Ft~, >1~A~ sut~ xo. so Writ No. 2007-4555 Civil JP Morgan Chase Bank, as Trustee vs. Brandon D. Mitchem Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract of land situate in the Fifth Ward of the Borough of Mechanicsburg, Cum- berland County, Pennsylvania, more particularly bounded and described in accordance with a survey of Reed Engineering, Inc., dated March 26, 1981, as follows, to wit: BEGINNING at a point on the northern line of West Simpson Street, said point being by same measured in a southwesterly direction a dis- tance of 40b0 feet from an existing drill hole at the northwest corner of West Simpson Street and Cedar Alley; thence continuing alorsg acid northern line of West Sisnpaon 3tceet, South 79 degrees 31 minutes 35 seconds West, a distance of 20 €eet to a point; thence North 10 degrees 28 minutes 25 seconds West along the eastern line of land now or formerly of Katherine M. Nailor and being along and through a partition wall and beyond, a distance of 89 feet to a point on the southern line of Rup- pert Alley; thence North. 79 degrees 31 minutes 35 seconds East along the southern line of Ruppert Alley, a distance of 19 feet to a point; thence South 11 degrees 07 minutes 02 seconds East along the western line of land now or formerly of Richard C. Dietz, et ux, a distance of 89.01 feet to a point on the northern line of West Simpson Street, the point and Place of BEGINNING. HAVING HEREON ERECTED a two and one-half story frame dwell- ing known and numbered as 218 W. Simpson Street, Mechanicsburg, Pennsylvania. BEING the same premises which William C. Ressler and Sandra L. Ressler, his wife by their Deed dated February 27, 1997 and recorded May 10, 1997 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 154, Page 241, granted and conveyed unto Diana L. Olson, Grantor herein. PARCEL IDENTIFICATION NO: 20-23-0567-120. CONTROL #: 20000116. Premises: 218 West Simpson Street, Mechanicsburg, PA 17055, Fifth Ward of the Borough of Me- chanicsburg, Cumberland County, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Brandon D. Mitchem, a single man, by Deed from Diana L. Olson, a single woman dated 06/ 19/2002, recorded 06/20/2002, in Deed Book 252, page 1301. PRIOR DEED INFORMATI~?iY. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c'~I~e~atriot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01/30/08 02/06/08 02/13108 2008 A. D. Notary i'ubllc COMMONWEALTH OF PENNSYLVANIA Notartai Seal Shsnis L. i{ianer, Natary Public Cily Of [thrrieburg; Da~~phin Courtly My CammfWbn Facpia~ ~slov. 28, 2011 M~mbsr, Panraytvanla Assoclatlon of Notarl~~ A(L G~~TAS+i rtact cf ~d ainaMe in ~Ae ~ 'Wan9 of the of •~~ QfAiarr~rtoeoatlnAtltt~tr~rt~j d~Reod r ,inc., datzd )ttlY~ 26, t9R1, as to tam distance {e at the 'irrr ?4 ~~ ~ _ a distance `miss 2S ara~~t ~ ' of laed naw at ~6 ~ hne d l~mitie fL ~ ~$ ~ a Pin t~l and a~af841auba'~~ Imeaf;Rs~t~ Narlti. 74 degeas 3i > 35 aec9rda' ,'~ ~ the southso9 ~e ~ ~ die of 19 feetmaP~;t~i107 a~ land adiv ~ ~ ~ ux, a dta~auc of i~ehaad+~. Dktc, et ~e~m i~ie of Est ~ ~' a poet a the. Plaoc ~5 We poitrt HAVIIQ(i FR~CIH) a ~ and aoe. 1~~ ~ ~ '~C. ~MrtltrL lly`ia by thear ~ 1Q ~ 1`1, i9~'- a~qd ceded ~'~,~ ~ee of iie l of !~f ~ teed Bit 154, Pace 24i, ~~ ~ I20 Nf?. 2f1.23.QS67_ ec>~rixai. ~: 7eeolEi i6 Pisses: 2i8 west Simper Strxt, ~+ ~~ ~' ~ °iltl ~.~~~ . ~`armaa i. cue;, ''dry t o®~x REAL E=tATE SALE N0.50 MMt No. ~IOrI-~66 dvN arm JP Yoa~ Cht~ ~." • Ttuatiss -- VS Branaort D. N>tchem Athon~l- OrlnNl Schmle9 DESCRIPTION ALL THAT CERTAIN tract of land io ~ ~ ward. of the Borough ~ ird~s. Cumber1ana cry, pgmsylvaois, mm~e pY ~ ,daalbea m accordmtce whir a srgvey of Reed ~grtreaing, Inc., dated Match 26, 1981, as ,wit: 3EGINNING ~ a point an the nerthem line of West Simpson Strax, said point being by same as in a sauthwesledl direction a drstance of 40.60 feet ftam an 8 drill hole at the ` eoAbwes< comet of 1VesC Sitppaea '' _~'~odar Abel: ~~ ~ ~ taittt~aut ired~iat ~ ' 'IVtt. Sires 79 dt~te~ 3I ni~trea 33 aeeonds west, a distance af2Bfltt io a pomr thence North 10 degrees 28 minutes 23 secondl Wei along the eastern lice of land now of formaiy of Sathaine M. Nailot and being abag ~d through a patti5on wall and beyond, a distance of 89 fea ro a point on the soulhem line of Ruppert Alley; thence North. 79 degrees 31 mimr6es 35 seconds Fast along the southern line of.Ruppat Alley, a distance of 19 feet to a point; thence South 11 degrees 07 minutes 02 seconds East along' dre westeiu line of land now of fiotmedy of Richard C. Dietz, et ux, a di~rce of 89.01 feet to 8 point on the northern line of west S;mpsoa street, dre point and Place of BEGdNNIHTG. HAVING HEREQN ERECIIR) a two and one- balf srory frame dwelling known and mmbered as 218 w. Simpson Street, Mechanicsburg, PwmsYlvania. BEING the same premises which William C. Ressler and Sandra L Ressiey his wife by their Dced dad Febnmy 27, 1997 and nxordcd May 10, 1997 in Hre (ltfice of the Rxorder of Deeds in and for Caeobetlaad Coumy in Deed Book 154, Page 241, granted and c~veyed uo0o DianaL Olson, Granrorherein. PARCEL IDENTIItCATfON NO: 211.23.0567- 120 CONTROL fF: 20000116 Premises: 218 west Simpson Street, Mechamcsbmg, PA 1'1035 Fiftb ward of the Banxigh of Mechanicsburg CtirnberlrmdCoanty Pe~ylvama TITLE TO SAID PREh1iSF5 IS VESTED IN Brandon D. Mitcham, a sib man, by Deed fresh Diana L Olson, a single woman dated 06/ 19/2062, r+xorded 061102(102, in Deed Book 252, page 1301. PRIOR DEED INFORMATION PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 JP MORGAN CHASE BANK, AS TRUSTEE Plaintiff, v. BRANDON D. MITCHEM Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-4555 CIVIL TERM PRAECIPE TO ENTER ORDER TO THE PROTHONOTARY Kindly enter the ATTACHED REASSESSMENT ORDER AND AMEND THE JUDGMENT AS DIRECTED BY THE ORDER in favor of the Plaintiff and against BRANDON D. MITCHEM, Defendant(s) As set forth in Order $83,740.46 ANIEL G. I ,ESQUIRE Attorney ntiff DAMAGES~/ARE HEREBY ASSESSED AS INDICATED. p C~ DATE: T `o`~'- ~ 9 ,lS~ ~~c.c~~ /~-• oC ,_ PRO PROTHY -~ ~~ PHS#158727 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ~ a ti zo~~` JP MORGAN CHASE BANK, AS TRUSTEE Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County BRANDON D. MITCHEM No. 07-4555 CIVIL TERM Defendant ORDER AND NOW, this~~ay of , 2008 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro font in this case as follows: Principal Balance $73,225.70 Interest Through March 5, 2008 $6,478.53 Per Diem $14.24 Late Charges $304.84 Legal fees $1,250.00 Cost of Suit and Title $1,209.00 Sheriff s Sale Costs ($0.00) Property Inspections $15.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $184.53 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $1,072.46 TOTAL $83,740.06 Plus interest from March 5, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriff s commission is not included in the above figure. BY THE COURT ~~`, Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 m fiche le.bradford~a,fedphe.com BRANDON D. MITCHEM 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 158727 `~ ~ ~ ~~`'~L~ 4 ~"-.; ~ .,.~ emu. ~ t'~w »' K ~:;j~~ ~~ _ ; '# i~ {{ t"« t~ {iL ~QG9 ~ z 2~ ~~F~.~ I~- ~b ~~ ~., g'a o ~'~~` ~-~ ~ ~ ~~ ~~~ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 31$0-3183 JP MORGAN CHASE BANK, AS TRUSTEE Plaintiff, v. BRANDON D. MITCHEM No. 07-4555 CIVIL TERM Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $83,740.Ob Interest from 3/b/08 TO 9/2/09 $7,518.42 and Costs (per diem -$13.77) TOTAL $91,258.48 ANIEL G. S HMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 158727 .~ w ''' W 7 ~ a~ H d OW ~ n MM 5f+^, 7 W W ~ 0 P~+ A U O~,,~ ~ W~ O ~~ ~ Y'' U W O CA ~' w~ w~ O ~ H a W Q U a rn 0 r d a a U U Z ~, a s~ ~~+~ ~' N a ~° vi ~ r' ~-. W o, ~ N w d •. DESCRIPTION ALL THAT CERTAIN tract of land situate in the Fifth Ward of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded sad described in accordance with a survey of Reed Engineering, Inc., dated March 26, 1981, as follows, to Kit: BEGINNING at"a point on the northern line of West Simpson Street, said point being by same measured in a southwesterly direction a distance of 40.60 feet from an existing drill hole at the northwest corner of West Simpson Street and Cedar Alley; thence continuing along said northern line of West Simpson Street, South 79 degrees 31 minutes 35 seconds West, a distance of 20 feet to a point; thence North 10 degrees 28 minutes 25 seconds West along the eastern line of land now or formerly of Katherine M. Nailor and being along and through a partition Nall and beyond, a distance of 89 feet to a point on the southern line of Ruppert Alley; thence North 79 degrees 31 minutes 35 seconds East along the southern line of Ruppert Alley, a distance of 19 feet to a point; thence South 11 degrees 07 minutes 02 seconds East along the western line of land now or formerly of Richard C. Dietz, et ux, a distance of 89.01 fast to a point on the northern line of West Simpson Street, the point and Place of BEGINNING. HAVING HEREON ERECTED a two and one-half story frame dwelliag known and numbered as 218 W. Simpson Street, Mechanicsburg, Pennsylvania. BEING the same premises which William C. Ressler and Saadra L. Ressler, his wife by their Deed dated February 27, 1997 and recorded May 10, 1997 in the Office of the Recorder of Deeds in and for Cumberland County in Dead Book 154, Pags 241, granted and conveyed unto Diana L. Olsoa, Grantor herein. PARCEL IDENTIFICATION NO: 20-23-0567-120 CONTROL #: 20000116 Premises: X18 West Simpson Street, Mechanicsburg, PA 17055 Pifth Ward of the Borough of Mechanicsburg Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN Brandon D. Mitcham, a single man, by Deed from Diana L. Olson, ~ single woman, dated 06/19/2002,. recorded 06/20/2002, in Deed Book 252, page 1301. PRIOR DEED INFORMATION ~ ~ ~ +~p w ~,~ ,~, ~. ~s3 ~ sit G ~' ~ ~" SV t ~ l/ 5) 1~. ~~ ~, /r ~ ~y'°~ a r~ 4 ~„, QQ ~ u CJ ~~- ~ t~ ao s ~~- ~ a ,~ u ~~ ~y~, ~~~ G~' ~y~ou PHELAN HALLINAN &SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 JP MORGAN CHASE BANK, AS TRUSTEE Plaintiff, . v. BRANDON D. MITCHEM . Defendant(s). . ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-4555 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage () non-owner occupied () vacant Q Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. ~~ DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ~~,., , ~~ ~'E~i~. j , 2~~ _ ~ ;~, ' JP MORGAN CHASE BANK, AS TRUSTEE CUMBERLAND COUNTY Plaintiff, v. BRANDON D. MITCHEM Defendant(s). COURT OF COMMON PLEAS CIVIL DIVISION N0.07-4555 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 JP MORGAN CHASE BANK, AS TRUSTEE , 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 ,218 WEST SIMPSON STREET. MECHANICSBURG, PA 17055 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BRANDON D. MITCHEM 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Borough of Mechanicsburg West Strawberry at North Market Street Mechanicsburg, PA 17055 "" Borough of Mechanicsburg C/o David J. Spotts, Esquire 36 West Allen Street Mechancisburg, PA 17055 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) TenantlOccupant 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 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6'~ Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13~h 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 autho Anri12, 2009 DATE ANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff i t~~sel,.:..~~ ~, (.. ~,j ' 1 ~ t r ~'~ ':fir T~-l° ~~ ~` , ,. i ~^ ~~Y LC@~ ~~~'~ 23 ~,~3 ~~~ ~ ~ lrtr~ .. `; ', it va.'~. ~'''" `. JP MORGAN CHASE BANK, AS TRUSTEE Plaintiff, v. BRANDON D. MITCHEM Defendant(s). CUMBERLAND COUNTY No. 0?-4555 CIVIL TERM April 2, 2009 TO: BRANDON A. MITCHEM 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 * *THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREYIOUSLYRECEIVED ADISCHARGE 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 , 218 WEST SIMPSON STREET, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $83,740.06 obtained by JP MORGAN CHASE BANK, AS TRUSTEE (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 Sheriff's 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: (2151563-7000. 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 (2152563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compazed 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. fMPORTANT 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 r DESCRIPTION ALL THAT CERTAIN tract of land situate in the Fifth Ward of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described in accordance With a survey of Read Engineering, Inc., dated March 26, 1981, as follows, to wit: BEGINNING at"a point on the northern line of West Simpson Street, said point being by same measured in a southwesterly direction a distance of 40.60 feet from an existing drill hole at the northwest corner of West Simpson street and Cedar Alley; thence continuing along said northern line of West Simpson Street, South 79 degrees 31 minutes 35 seconds West, a distance of 20 feet to a point; thence North 10 degrees 28 minutes 25 seconds West along the eastern line of land wow or formerly of Katherine M. Nailor and being along and through a partition Mall aad beyond, a distance of 89 feet to a point on the southern line of Ruppert Alley; thence North 79 degrees 31 minutes 35 seconds East along the southern line of Ruppert Alley, a distance of 19 feet to a point; thence South 11 degrees 07 minutes 02 seconds East along the western line of land now or formerly of Richard C. Dietz, et ux, a distance of 89'.01 feet to a point on the northern line of West Simpson Street, the point and Place of BEGINNING. HAVING HEREON ERECTED a two and one-half story frame dwelling known and numbered as 218 W. Simpson Street, Mechanicsburg, Pennsylvania. BEING the same premises which William C. Ressler aad Sandra L. Ressler, his wife by their Deed dated February 27, 1997 and recorded May 10, 1997 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 154, Page 241, granted and conveyed unto Diana L. Olson, Grantor h®rein. PARCEL IDENTIFICATION NO: 20-23-0567-120 CONTROL #: 20000116 Premises: 218 West Simpson Street, Mechanicsburg, PA 17055 liifih Ward of the Borough of Mechanicsburg Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN Brandon D. Mitchem, a single man, by Deed from Diana L. Olson, a single woman, dated 06!19/2002,. recorded 06/20/2002, in Deed Book 252, page 1301. PRIOR DEED INFORMATION WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-4555 Civil CML ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP MORGAN CHASE BANK, AS TRUSTEE Plaintiff (s) From BRANDON D. MITCHEM (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DECRIPTION . (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$83,740.06 L.L. Interest FROM 3/6/08 TO 9/2/09 (PER DIEM - $13.77) - $7,518.42 AND COSTS Atty's Comm Atty Paid $1292.14 Plaintiff Paid Due Prothy $Z.00 Other Costs Date: Apri129, 2009 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Deputy 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 Supreme Court lD No. 62205 ._ - PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE JP MORGAN CHASE BANK, AS TRUSTEE BRANDON D. MITCHEM SERVE BRANDON D. MITCHEM AT: 218 WEST SIIVIPSON STREET MECHANICSBURG, PA 17055 SERVED ~T~a ~2) ~TT~ ~ ~ CUMBERLAND COUNTY No. 07-4555 CIVIL TERM ACCT.. #158727 Type of Action - Notice of Sheriff's Safe Sale Date: SEPTEMBER 2, 2009 Served and made known to ~R ~ N D O N D , M I re4l ~ N- ,Defendant, an the d~ ? '~" day of ~,~'~, 200, at Qo'clock ~.m., at ~4.~~NG~ EuD ~oau F ~ IL S B UQ{~ Commonwealth of Pennsylvania, in the manner described below: / Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age ~ Height ~~ Weight a2 30 Race U~ Sex IV1 Other I, ~ ON A-t.J> ~D f~ , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. 3~ $', a . ~DU ND 1/'~' ~l'1': fi N v~S7t &~?,d It! ~(SCI..a 5~ p ~jJ-T Sworn to and subscribed ~lG~ ~N a ~N?- 12FS t DES ~ g-?S ~~4NGrc ~~ 12D, ~ I L(rS ~ u eb , pl}- , before me this a7 ~T- day of ~~., 200g. /~ ~ +~~ Notary~~ ~-~_„-- $y: SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. KIMBERLY CURTY NOT ERVED NOTARY PUBLIC On the of STATE OF P"t'J ~~6~EYat o'clock ^.m., Defendant NOT FOUND because: mmission E;:,,:- ~ ,__...'i 7, 2013 Moved Vacant 1St Attempt: ! / Time: 2"d Attempt: / / Time: 3rd Attempt: J / Time: Sworn to and subscribed before me this day of , 200 . Notary: I~ Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Pena Center at Saburban Station, Snite 1400 $y; 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (21S) 563-7000 a FIL~i~-.~~~-:;Gc ~ ~ ,. 7~~~ ,~~~~~ ~ ~i Fit; `~~ ~ LiVl~~it ` ,. Y i`di~,, ? (,'~, ' ''~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JP MORGAN CHASE BANK, AS TRUSTEE CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS v. CIVIL DIVISION BRANDON D. MITCHEM Defendant(s) NO. 07-4555 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE I, the undersigned attorney, attorney for JP MORGAN CHASE BANK, AS TRUSTEE ,hereby verify as follows: As required by Pa. R.C.P. 3129.1 (a), Notice of Sale has been given to all known Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(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 as Exhibit "A". HALLINAN & SCHMIEG, LLP Dater ~ 1 ,>va'Gvrence 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 Shee 1 R. Shah-Jani, Esq., Id. No. 81760 J nine R. Davey, Esq., Id. No. 87077 auren 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 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys 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 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. 158727 r v,~g ~ A K ~ W N ~ N ~ y ~ -~----_"'' ~ to '~ "'! C1+ 'b "1 r '' ~ O tJa ~..~ "~ ~~ ~ n ~' F a ~ ~ 3 z a n ~ ~, ~, 3 ~° o N r ~ ~~©~ C'~nwnd e s '~C'' d a ~ ~ as ~ g ~ - tri ~, v ., r o~ ~' ~+ ~ .. ~~~ ~.o ~~'-dt" 040 ro ~t33~ 4~ `~ .-- ~ ~ ~ ~ ~ ~ d ~ N~ ~ ~ ~ ~ ~ ~ ~ ~ ~A ~ N~.wa ~ ~ ~~ r a° n ° ~ a:b ~ c~ ~ ~ s ;b a~ !> d v, ~s r a• ~~ C n°o ~~ m a a' ~ ~ ~ C ~'" r] C '.' ~ ~~ ~ ~ ~ r oa '~ ~. ~ ~ r+ 1~ F grin ~• .,,,~ ~ W .,,I ~ a-o ~ h„+ ~ t J 7~ a N i4 w ~ A r.l w ~ l ~ N pw .y O~ H r ~ ~'! A ~ ~^ ~ °~ co r• ~ ~ ~ ~ N o' w ~,a ~ d O ~• 0 [M~ ~p y{ t~~~~'N A ro ~ ~ ~ ~. to 'n' H ~ e~ ~.cb p. G J < n 3 H 5' O~~ ro ~ ~ ~ UG cJi ~ ~~g~ K gg ~ ~• w 3• ~ ,~ ~ n 4i q,, ~ o' x ~ ~ ~ -ji~~ ~ ~ 5' ro ~ x3.20° _`' - ~ ~<~rs', 09 v' ~ ` ' f ,. OOOA21$010 ZtFCQDE 194103 ~ ,;:, t- ~~ ~ ,~~? ~ y -• s AtIED FROM a-{ a x'71 ~` tl y OQ~ w ~y ~~ G y ~ O ^;f' ';"~t is '/' ~i"~6~V ~} ~ ,.y. ~' GJ: r r r ~ ~ ;' Phelan Hallinan & Schmieg, LLP By: 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 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JP MORGAN CHASE BANK, AS TRUSTEE Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division v. CUMBERLAND County BRANDON D. MITCHEM Defendant No. 07-4555 CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on August 1, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A,~ 2. Judgment was entered on November 2, 2007 in the amount of $81,741.57. 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 September 2, 2009. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through September 2, 2009 Per Diem $14.24 Late Charges Legal fees Cost of Suit and Title Sheriff s Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit $73,225.80 $14,152.99 $304.84 $1,300.00 $1,480.00 $1,029.64 $390.00 $430.00 $0.00 $0.00 ($0.00) $4,338.31 TOTAL $96,651.58 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 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 August 21, 2009 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 certification of mailing are 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. DATE: ~ ~'7 /L~/ Phelan Hallinan & Schmieg, LLP By: ^ Lawrence T. 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 I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: 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 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JP MORGAN CHASE BANK, AS TRUSTEE Plaintiff Court of Common Pleas Civil Division v. CUMBERLAND County BRANDON D. MITCHEM Defendant No. 07-4555 CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE BRANDON D. MITCHEM 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 218 WEST SIMPSON STREET, MECHANICSBURG, PA 17055. 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 Sheriff s sale. Nationsbanc Mortga eg_Corp v Grillo, 827 A.2d 489 (Pa.Super. 2003). Moran Guaranty Trust Co. ofN Y v Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Com~any v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs 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, Plaintiff s interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 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 Savin sand Loan Association v Street Road Shop~n 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 often 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 often 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: ~'7 ~~ Phelan Hallinan & Schmieg, LLP By: Ifawrence T. 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 I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Exhibit "A" PHELAN HAI-L1NAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA,'SUITE 1400 PHILADELPHIA, PA 19103 215 563-7000 1sa727 JP MORGAN CHASE BANK, AS TRUSTEE 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 v. Plaintiff BRANDON D. MITCHEM 218 WEST SIl~IPSON STREET MECHAIVICSBURG, PA 17055 Defendant N_ o -O (;,s f ry T7T~ "~ ~ ` ~ ~~ ( ~;• N "U ~ ~ T %z r'v ~m ~ rn ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ~'r -- ~s'~' ~~ u~L l ~/L. CUMBERLAND COUNTY COMPI,AINTC MORTG GE ORECLOSURE ~~oR~EY ~~~u~~ Y p~~ASE R ~V~ h~r~~y ~~s1~I~ ~~~ File i!: 168727 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 Baz Association 32 South Bedford Street Cazlisle, PA 17013 (800)990-9108 File #: 158727 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 File #: 158727 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 #: 158727 1. Plaintiffis JP MORGAN CHASE BANK, AS TRUSTEE 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: BRANDON D. MITCHEM 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 who is/aze the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/19/2002 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to THE WASHINGTON SAVINGS BANK, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1762, Page: 2259. By Assignment of Mortgage recorded 02/0812007 the mortgage was Assigned To WELLS FARGO BANK, NATIONAL ASSOCIATION which Assignment is recorded in Assignment Of Mortgage Book No. 734, Page 1271. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(8}; which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 158727 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2006 and each month thereafter aze 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. 6. The following amounts are due on the mortgage: Principal Balance $73,396.42 Interest $4,266.24 10/01/2006 through 07/30/2007 (Per Diem $14.08) Attorney's Fees $1,300.00 Cumulative Late Charges $263.78 06!19/2002 to 07/30!2007 Cost of Suit and Title Seazch 750.00 Subtotal $79,976.44 Escrow Credit $0,00 Deficit $469.77 Subtotal 469.77 TOTAL $80,446.21 If the mortgage is reinstated prior to a Sheriffs Sale, the attomey's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriff s Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 158727 8. Plaintiff is not seeking a judgment of personal liability (or an in personarn judgment} against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. 'T'his action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $80,446.21, together with interest from 07!30/2007 at the rate of $14.08 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 LINAN & SCHMIEG, LLP nQ,,,~r By: /s/Francis S. Hallman LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 158727 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Fifth Ward of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey of Reed Engineering, Inc., dated March 26, 1981, as follows, to wit: BEGINNING at a point on the northern line of West Simpson Street, said point being by same measured in a southwesterly direction a distance of 40.60 feet from an existing drill hole at the northwest corner of West Simpson Street and Cedaz Alley; thence continuing along said northern line of West Simpson Street, south 79 degrees 31 minutes 35 seconds west, a distance of 20 feet to a point; thence north 10 degrees 28 minutes 25 seconds west along the eastern line of land now or formerly of Katherine M. Nailor and being along and through a partition wall and beyond, a distance of 89 feet to a point on the southern line of Ruppert Alley; thence north 79 degrees 31 minutes 35 seconds east along the southern line of Ruppert Alley, a distance of 19 feet to a point; thence south 11 degrees 07 minutes 02 seconds east along the western line of lands now or formerly of Richard C. Dietz, et ux., a distance of 89.01 feet to a point on the northern line of West Simpson Street, the point and place of BEGINNING. HAVING thereon erected a two and one-half story frame dwelling known and numbered as 218 West Simpson Street, Mechanicsburg, Pennsylvania. BEING the same premises which William C. Ressler and Sandra L. Ressler, his wife, by Deed dated February 27, 2002 and recorded March 10, 1997 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 154, page 241, granted and conveyed unto Diana L. Olson. PARCEL#: 20-23-0567-120 Filc #: 158727 VERIFICATION 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 of 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 its knowledge, information and belief: Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. ~/ 1 Francis S. Hallman, Esquire Attorney for Plaintiff DATE: O"'CS~ Exhibit ~~B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 JP MORGAN CHASE BANK, A5 TRUSTEE 3476 STATEVIEW'BLVD. FORT MILL, SC 29715 v. Plaintiff, BRANDON D. MITCHEM 218 WEST SIMPSQN STREET MECHANICSBURG, PA 17055 Defendant(s). ;,J.,. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-4~~~i~ TERM C) PRAECIPE FOR IN REM JUDGMENT FOR FAILURE T C ~~.~' ANSWER AND ASSESSMENT OF DAMAGES ~ J~.- ~~'~ TO THE PROTHONOTARY: r= `° Kindly enter an in rem judgment in favor of the Plaintiff and against E MITCHEM ,Defendant(s) for failure to file an Answer to Plaintiff s Complaint vet service thereof and'for Foreclosure and Sale of the mortgaged premises, and assess P as follows: As set forth in Complaint $ 80,446.21 Interest from 07/31/07 to 10/30/0'~~`r"aR~ C®P~ 1,295.36 TOTAL •, P ~ ~~~ $ 81,741.57 c p ~ Z; R, N -~~ ~~ ~ ~ ~_~ s v ~~ da , from ~xff's Images I hereby certify that (1} the addresses of the Plaintiff and Defendant(s) are as shown above, d (2) that notice has been given in accordance with Rule 237.1, copy attached. ~ ~~ ~~ - .. ~ ~IEE~f ~~E~URN ttorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 11 S . R PROTHY 158727 ~a .~~G~~~~ " ~Nt; . Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey August 21, 2009 BRANDON D. MITCHEM 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 RE: JP MORGAN CHASE BANK, AS TRUSTEE v. BRANDON D. MITCHEM Premises Address: 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 CUMBERLAND County CCP, No. 07-4555 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), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by August 26, 2009. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, ~~' Michele .Bradford, Esqui Enclosure 0 0 .~ a ~ ~~-1 W o U ~ v ~ ~ a z~K ¢~~ ~~~ '~ ~"' p, N U •`~ z~~ ~a~ ~~ a0a c ~ -c E^o`v~ zeo spa CUC .~ To =~ O w V C~ O c u ' E O y d ' o ' 5 ~ v ~ A 7 N p u 3ao~diz woa~ o~i~w ~] ~ .E so ~s ~ z~nv o4081Z~ooo ~~~~ sooz ~ w~ zo ~. .~ o9Z't~0 $ ~ ~ ~ K C _ G ~ ~ _ 3N~ _ E ~ (y~ O C u ~ c n. ® ~ ~6 ~ ~o ~ T 3 1Sbd~ d. C itl y K V V . p .~ V C , `"`" ~ E N v Q N ~ C N G H . N ,d ` 7 r X H ~ L .~. W'X .' ` ° y v ~ w O v Q `~ v $ ~ v ^^ W O ~ N .~ U r v 'O ~ V W ~ ~ V ~ O a ~. v x ~. ~ :?A `v a° ~ U ' o ° r .n o 'oo w~~,~w z Q o°o~~ x o_~~ ~ U V .~ ~! G W 5 d ~ ~ ~ M C c O N~ V ~. V] ~ VJ C ~ V O O ~y W . f"' '.t.1 ~ 6~9 CY. Q F ~ ~ ~ z ~ w o ~ ~ a x o +~ a ~ ~ R i F ^C3 W a" ~ 3 ~v T ++ 00 ~ o, ~ .-H ° w C~ L N a +.+ ~ ~ x .`"i. F v ~ - "~ Q A ~ " ~ W O ~ ~ 0 ~ A a ~ z~ E~ z~ ~ z ~ ° ~ ~ a F N ,.O Z N N 00 V. "~ u . e u h a ~ ~o ~~ za ~ a ~ --~ N M ~ ~ A ~p l~ 00 O~ ~ N M ~ V1 ° iC y'.-, VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am 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 my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP Q o DATE: U ~ 7 ~ / gy: ^ Lawrence T. Phelan, Esq., Id. No. 32227 ['F`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 I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: 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 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JP MORGAN CHASE BANK, AS TRUSTEE Plaintiff Court of Common Pleas Civil Division v. CUMBERLAND County BRANDON D. MITCHEM Defendant No. 07-4555 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 individuals on the date indicated below. BRANDON D. MITCHEM 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 Phelan Hallinan & Schmieg, LLP DATE: ~ 1 Z Do } By: ^ Lawrence T. Phelan, Esq., Id. No. 32227 ©'Ir`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 I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF a~ rw~ ~ f~~7;.~~;r,,~~r~R~ 2Q09 A~~ 28 ~~~ ! ~ ~ 4~ G ~ _~ f;; jj~ y ~,/ .:.J _ ! LV~,~,,3~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JP MORGAN CHASE BANK, AS TRUSTEE Court of Common Pleas Plaintiff : Civil Division v. : CUMBERLAND County BRANDON D. MITCHEM Defendant No. 07-4555 CIVIL TERM RULE AND NOW, this day of 2009, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. +ti ~~~'~~ Zv ~ ~-ls ~ L~c d2~C ~ ~t S Q~d.~ Rule Returnable o~ tie '--- -~ - ~94s3-~~ --- ~'-- ~ •-' , COUrtr~ nftha C'iimh rland C'nnnt~ [`mirth »~ ,r~~l;~ A,r„~n ;~i~~}}~ 1 1 ichele M. Bradford, Esq., Id. No. 69849 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 / BRANDON D. MITCHEM 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 eo i'E,s ~n.atl~ P 4~~~ 158727 ~I LL~I`~._ii° S' i ~a'~ Zac~g s~~ -2 P~ ~ ~ ~~ fm t ~YI,v~~ i~ l..tirf~~h\ i ~ 4th 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 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 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JP MORGAN CHASE BANK, AS TRUSTEE Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County BRANDON D. MITCHEM Defendant No. 07-4555 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's Rule dated September I, 2009 was sent to the following individual on the date indicated below. BRANDON D. MITCHEM 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 DATE: l ~~ (Qaf Phelan Hallinan & Schmieg, LLP gy. ~-'~ 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 ^ Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF FlL~i~-~.;r~~~~ 20~~ SAP 1 U AEA ~~~ 0 ~ Phelan Hallinan & Schmieg, LLP By: 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 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JP MORGAN CHASE BANK, AS TRUSTEE Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division v. CUMBERLAND County BRANDON D. MITCHEM Defendant No. 07-4555 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE JP MORGAN CHASE BANK, AS TRUSTEE, by and through its attorneys, Phelan Hallinan & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above- captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on August 28, 2009. 3. A Rule was entered by the Court on or about September 1, 2009 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on September 9, 2009, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of September 29, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. DATE: Phelan Hallinan & Schmieg, LLP 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 ^ Joshua I. Goldman, Esq., Id. No. 205047 ~Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: 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 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JP MORGAN CHASE BANK, AS TRUSTEE Plaintiff v. Court of Common Pleas Civil Division CUMBERLAND County BRANDON D. MITCHEM Defendant No. 07-4555 CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on August 28, 2009. A Rule was entered by the Court on or about September 1, 2009 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on September 9, 2009 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of September 29, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP DATE: q ~%~e~ By: ( -~ T 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 ^ Joshua I. Goldman, Esq., Id. No. 205047 ~] Courtenay R. Dunn, Esq., Id. No. 206779 / ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Exhibit "A" . ~'J ~. .. v. r \,~;"~, •~,:y~~ 'a~``~'~ a iX IN THE COURT OF COMMON PLEAS OF CU1M~~~ND COUNTY PENNSYLVANIA JP MORGAN CHASE BANK, AS TRUSTEE Court of Common Pleas Plaintiff v. BRANDON D. MITCHEM Defendant Civil Division CUMBERLAND County No. 07-4555 CIVIL. TERM .~ RULE , , AND NOW, this ~ day of 2009, a Rule is enured upon the Defendant . ~. ~ ~:- to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable BY THE COURT J. . 1~ ~~~'t~ct~b~'~,~ ~;~"3tI1~ ~ ~ llt~~~ S~ ~i~ 11~~i Ili ~' ~~ ~t ~tii~~3, 4 Michele M. Bradford, Esq., Id. No. 69849 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 BRANDON D. MITCHEM 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 isan~ Exhibit "B" aF THc F~4:3*~~-u~~~sTaRY 209 SEP f 0 Aft f0~ 0 7 CUP~~~~:~.~~v~~~ ~~:,'~~P~ITY ~~ilt~f~Yl.~ti~tt~ ~~ ~1~~. ~~~Q ~, 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 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 i`' - ~°~`~~ ' ~ Joshua I. Goldman, Esq., Id. No. 205047 ~~~~, ` ~~~.~~~= Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JP MORGAN CHASE BANK, AS TRUSTEE Court of Common Pleas Plaintiff Civil Division v. BRANDON D. MITCHEM CUMBERLAND County Defendant No. 07-4555 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's Rule dated September 1, 2009 was sent to the following individual on the date indicated below. BRANDON D. MITCHEM 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 DATE: ~ ~~ ~Q~ Phelan Hallinan & Schmieg, LLP By: --~~y 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 ^ Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of my knowledge, information and belief. 'The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: © By: ~`~'~ awrence 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. b 1791 ^ 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 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: 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 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JP MORGAN CHASE BANK, AS TRUSTEE Plaintiff v. BRANDON D. MITCHEM Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-4555 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. BRANDON D. MITCHEM 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 Phelan Hallinan & Schmieg, LLP DATE: - f l ~~~~ By: `~ 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 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Z~~1 -~ ~~ ~~~ ~J3 ~`i ~q L~ ~~~~~ f OCT 0 5 2009 ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JP MORGAN CHASE BANK., AS TRUSTEE Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County BRANDON D. MITCHEM Defendant No. 07-4555 CIVIL TERM ORDER AND NOW, this ~ ~~ day of Ucl~, , 2009, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $73,225.80 Interest Through September 2, 2009 $14,152.99 Per Diem $14.24 Late Charges $304.84 Legal fees $1,300.00 Cost of Suit and Title $1,480.00 Sheriffs Sale Costs $1,029.64 Property Inspections/ Property Preservation $390.00 Appraisal/Brokers Price Opinion $430.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 ($0.00) $4,338.31 $96,651.58 Plus interest from September 2, 2009 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT J. ~ sa~2~ °:-ln+~ ~~i..~~.'"~.J~+'~ n_~~. w I ? ~.~.yl i ~ _ ..,UI'.I i ~U~S f U~ - ~p l ES /1'i a l CrsC~, e .~:~ ~ . nz ~ ~~~,,., ~, OCT 0 5 2009 ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JP MORGAN CHASE BANK, AS TRUSTEE Court of Common Pleas Plaintiff v. Civil Division CUMBERLAND County BRANDON D. MITCHEM Defendant No. 07-4555 CIVIL TERM ORDER AND NOW, this ~ ~~ day of l~c_~, , 2009, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiffls Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $73,225.80 Interest Through September 2, 2009 $14,152.99 Per Diem $14.24 Late Charges $304.84 Legal fees $1,300.00 Cost of Suit and Title $1,480.00 Sheriffs Sale Costs $1,029.64 Property Inspections/ Property Preservation $390.00 AppraisalBrokers Price Opinion $430.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance . J, ,r `. Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $o.oo ($0.00) $4,338.31 $96,651.58 Plus interest from September 2, 2009 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriff s commission is not included in the above figure. BY THE COURT - J. ~ ss~n 24~~ ~~~ -~ PCi ~~ t ~ CL `fi'r k:~ , ~ ~?,~E i:V i~~~i`.~':i { ~ 1)c~~ a . ~,~~~ 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 GSMPS MTG LOAN TRUST 2003-2 TR is the grantee the same having been sold to said grantee on the 7TH day of OCT A.D., 2009, under and by virtue of a writ Execution issued on the 29TH day of APRIL, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 4555, at the suit of JP MORGAN CHASE BANK TR against BRANDON D MITCHEM is duly recorded as Instrument Number 200936932. IN TESTIMONY WHEREOF, I have hereunto set my hand .-~_ and seal of said office this _ ~~ day of A.D. c~ O~ of Deeds Rsa:rCar ~f vv;d;, Ct:rtlba%dnd County, CuSicl~, PA ~y c:om,~ia,;~n Expires M~ Firsl Mq~y p} Jm. X010 ,. , Sheriffs Office of Cumberland County R Thomas Kline Sheriff :i ~c rl ~. Ronny R Anderson ~ `' ~'~I'"' Chief Deputy Jody S Smith Civil Process Sergeant ~~-~ _ -r'`~- ---~3r~ Edward L Schorpp Solicitor JP Morgan Chase Bank vs. Brandon D Mitchem SHERIFF'S RETURN OF SERVICE f-1L~L~_~~; ~ "(r~E ,~. 26Ca Qe i ..i~ t 11 v~ U4 fit..' ~, .. 10.i~ry^~ ._, __ r ~~ J,. ,~' '~. Case Number 2007-4555 06/29/2009 08:21 PM -Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on June 29, 2009 at 2015hours, he/she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Brandon D. Mitchem, located at, 218 West Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania according to law. 07/06/2009 R. Thomas Kline, Sheriff who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Brandon D. Mitchem, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. York County Return and now, 26th day of May2009, served the within Real Estate Writ, Notice of Sale and Description upon Brandon D. Mitchem, the defendant, by making known unto Brandon D. Mitchem at 875 Range End Road, Dillsburg, Pennsylvania its contents and at the same time handing to him a true and correct copy of the same. So Answers: Rocjard Keuerleber, Sheriff of York County, Pennsylvania. 07/08/2009 R. Thomas Kline, Sheriff who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Brandon D. Mitchem, but was unable to locate him in hi: bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. York County Return and now, 26th day of May 2009, served the within Real Estate Writ, Notice of Sale and Description upon Brandon D. Mitchem, the defendant, by making known unto Brandon D. Mitchem personalty at 875 Range End Road, Dillsburg, Pennsylvania its contents and at the same time handing to him a true and correct copy of the same. So Answers: Richard Keuerleber, Sheriff of York County, Pennsylvania. 08/26/2009 Property sale postponed to 10/712009. 10/07/2009 Property sold to Atty Schmieg for $1.00 on 10/7/09 10/16/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on October 7, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of The Bank of New York Mellon,F/K/A The Bank of New York as Successor In Interest to JP Morgan Chase Bank, NA As Trustee for GSMPS Mortgage Loan Trust 2003-2,of, 3476 Stateview Blvd, Fort Mill, SC 29715 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 1089.68 SHERIFF COST: $1,089.68 SO ANSWERS, October 16, 2009 ~` ~ ~/0 ~/d ~ ~-`-~ '" ,'~~ ~, R THOMAS KLINE, S < d ~' ~. . s-o ~ ~-- u^/ 7~ S:S? .Tl' MO11GA~1 CHIRSE BANK, AS TRUSTEE CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS BRANDON D. MITCHEM CIVIL DIVISION Defendant(s). N0.47-4555 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 JP MORGAN CHASE BANK, AS TRUSTEE ,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 L218 WEST SIMPSON STREET, MECHANICSBURG, PA 17055 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BRANDON D. MITCHEM 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Borough of Mechanicsburg West Strawberry at North Market Street Mechanicsburg, PA 17055 Baroug~~ of :Vlecha~nicsburg C/o David J. Spotts, Esquire 36 West Allen Street Mechancisburg, PA 17055 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6"' Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13~h 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 autho ' ' Apri12, 2009 DATE ANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff JP MORGAN CHASE BANK, AS TRUSTEE Plaintiff, v. BRANDON D. MITCHEM Defendant(s). TO: BRANDON D. MITCHEM 218 WEST SIMPSON STREET MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 07-4555 CIVIL TERM Apri12, 2009 * *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 AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at s 218 WEST SIMPSON STREET, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 2.2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $83,740.06 obtained by JP MORGAN CHASE BANK, AS TRUSTEE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. } ~ You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling X215) 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 p{aintiff 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 tract of land situate in the Fifth Ward of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey of Reed Engineering, Inc., dated March 26, 1981, as follows, to wit: BEGINNING at a point on the northern line of West Simpson Street, said point being by same measured in a southwesterly direction a distance of 40.60 feet from an existing drill hole at the northwest corner of West Simpson Street and Cedar Alley; thence continuing along said northern line of West Simpson Street, South 79 degrees 31 minutes 35 seconds West, a distance of 20 feet to a point; thence North 10 degrees 28 minutes 25 seconds West along the eastern line of land now or formerly of Katherine M. Nailor and being along and through a partition wall and beyond, a distance of 89 feet to a point on the southern line of Ruppert Alley; thence North 79 degrees 31 minutes 35 seconds East along the southern line of Ruppert Alley, a distance of 19 feet to a point; thence South 11 degrees 07 minutes 02 seconds East along the western line of land now or formerly of Richard C. Dietz, et ux, a distance of 89.01 feet to a point on the northern line of West Simpson Street, the point and Place of BEGINNING. HAVING HEREON ERECTED a two and one-half story frame dwelling known and numbered as 218 W. Simpson Street, Mechanicsburg, Pennsylvania. BEING the same premises which William C. Ressler and Sandra L. Ressler, his wife by their Deed dated February 27, 1997 and recorded May 10, 1997 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 154, Page 241, granted and conveyed unto Diana L. Olson, Grantor herein. PARCEL IDENTIFICATION NO: 20-23-OS67-120 CONTROL #: 20000116 Premises: 218 West Simpson Street, Mechanicsburg, PA 170SS Ir fifth Ward of the Borough of Mechanicsburg Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN Brandon D. Mitchem, a single man, by Deed from Diana L. Olson, a single woman, dated 06/19/2002,. recorded 06/20/2002, in Deed Book 252, page 1301. PRIOR DEED INFORMATION • WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N007-4SSS Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP MORGAN CHASE BANK, AS TRUSTEE Plaintiff (s) From BRANDON D. MITCHEM (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DECRIPTION . (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 helshe has been added as a garnishee and is enjoined as above stated. Amount Due$83,740.06 L.L. Interest FROM 3/6/08 TO 9/2109 (PER DIEM - $13.77) - $7,518.42 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $1292.14 Other Costs Plaintiff Paid Date: Apri129, 2009 (Seal) REQUESTING PARTY: >3y: Deputy Name DANIEL G. SCHMIEG, 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: 21 S-S63-7000 Supreme Court ID No. 62205 Real Estate Sale # On May 18, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Mechanicsburg, Cumberland County, PA Known and numbered as, 218 West Simpson Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 18, 2009 By: ., ~__ 1 ° Real Estate Coordinator °s0 :Ci; v` cl_ t~~l~t b~~l '1 ~ ~. ~O ~. `iii °~ `;;~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 24, July 31 and August 7, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. c i'`~ isa Marie Coyn ,Editor SWORN TO AND SUBSCRIBED before me this 7 day of August 2009 Notary NOTARIAL SEAL DEBOP,AH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE BALE NO, 64 Writ No. 2007-4555 Civil JP Morgan Chase Bank As Trustee vs. Brandon D. Mitchem Atty.: Daniel Schmieg ALL THAT CERTAIN tract of land situate in the Fifth Ward of the Borough of Mechanicsburg, Cum- berland County, Pennsylvania, more particularly bounded and described in accordance with a survey of Reed Engineering, Inc., dated March 26, 1981, as follows, to wit: BEGINNING at a point on the northern line of West Simpson Street, said point being by same measured in a southwesterly direction a dis- tance of 40.60 feet from an existing drill hole at the northwest corner of West Simpson Street and Cedar Alley; thence continuing along said northern line of West Simpson Street, South 79 degrees 31 minutes 35 seconds West, a distance of 20 feet to a point; thence North 10 degrees 28 minutes 25 seconds West along the eastern line of land now or formerly of Katherine M. Nailor and being along and through a partition wall and beyond, a distance of 89 feet to a point on the southern line of Rup- pert Alley; thence North 79 degrees 31 minutes 35 seconds East along the southern line of Ruppert Alley, a distance of 19 feet to a point; thence South 11 degrees 07 minutes 02 seconds East along the western line of land now or formerly of Richard C. Dietz, et ux, a distance of 89.01 feet to a point on the northern line of West Simpson Street, the point and Place of BEGINNING. HAVING HEREON ERECTED a two and one-half story frame dwell- ing known and numbered as 218 W. Simpson Street, Mechanicsburg, Pennsylvania. BEING the same premises which William C. Ressler and Sandra L. Ressler, his wife by their Deed dated February 27, 1997 and recorded May 10, 1997 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 154, Page 241, granted and conveyed unto Diana L. Olson, Grantor herein. PARCEL IDENTIFICATION NO 20- 23-0567-120 CONTROL # 20000116 Premises: 218 West Simpson Street, Mechanicsburg, PA 17055 Fifth Ward of the Borough of Mechanicsburg Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN Brandon D. Mitchem, a single man, by Deed from Diana L. Olson, a single woman, dated 06/ 19/2002, recorded 06/20/2002, in Deed Book 252, page 1301. J ,. Ttie Patriot-News Co. 8'12 Market St. Harrisburg, PA 17101 {nquiries - 717-255-8213 the ~latriot News NOw you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE 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 This ad ran on the date(s) shown below: 07/24/09 ~~ , ~... / / .-/" to ands J"cribed before me phis 14'd~+ of August, 2009 A. D. // Notary COMMONWEALTH OF PENNSYLVANtA Notaria{ Seal Sherrie L. Kisser, Notary Public City Of Harrisburg; Dauphin County MY Canmrssion E~irea Nov. 28, 2011 Member, Pennsylvania Assoctatlon of Notaries 07/31/09 08/07/09 ~M t~o• d4 yllrlt No. - ChrN Tian JP Mor!pM~ C~MM BOnk b -7blustM VS Brandon D m A1ty;• Dgnal Sdhmkg, . ALL THAT CF.RFAIN .'tract of land situate is dte Fiftb Ward of the Borough of Mechamcsbutg„ Cumberland County, ponasylvanip; more particularly bounded 'and descn`bed in acnotdan~, with a"survey of Rogd Rngineering, Inc.,. dated Match"26, .1981, as follows, to wb $HGIIVNING at a point on the aort~n line'of ~lreat"Si~pson Street, said point being' by samr; measured m a southwesterly directiop a, di~taance:. 01 411.60 fat from an e»ting.driil hole,at;tlas northwest corner of West Simpson Street-and Cedar Alley; thence mntimdog along :mid , nosthera litt¢ of West Simpson Strcet, Sauth:74degtees 31 minutes 35 seconds. West, a distance of ?A feet to a point; thence North 10, degices,28 minutes 25 seconds West along the east«n line of land noty qr formetty of Kathainq M. Nailor and being along and through a partition waU and beyond, a ,..distance X89 feek do a point on the sotnhem Gne of RuppettAlley; thence Notth•79 degrees 31 minutes 35 -Feet al~.the,sont6em line of RappettAlley, a dis4mce of 19 feet to a point; thence Soam I l degtema: ~1 mhsntes OZ seconds Fast al~g :the western tiny of la6d ,now of formerly of Ric C. I>sAx, et ~; a dk~tce of g9A1 feot to a ~ th f nonb~n lice of West Siadt@e~° Street, point and 'lace of • H~. IIAVIIdb ~RBbN El~$CTFD illarg and ane-ball story ftamo.d4~llinB kpowa end ;aumberecl es 21;R W. Simpsaq Street,. Mechanicsbtti5; Pennsylvania. BB1NG ttie same premises wldCh William~C• Resales and Sandra L. Reasla; his wife by ~ Dad daWd , Febsvary 27,.1997 ind rc~otdec4''lVfey 10, 1997 in fhe t'lf$ce of the Recardec,of I?eeds io and for C`umberla~,(Jmmty: in ~eai Book 1~4, Page 7Al,.granted sn~ eomeyed void 1)iaoa I,, Olson, Crtandos:. herein.. PARCII:, IDENTIFICATION NO' 20-33-036'1-120 CONgItOL #.20000116 Pn.miaes: 2i8 . Wnst,, Simpson. ;Street, Mechatlics6~g, PA i9St35,FiSh-ice ofd Borwgb ~', ' ~ Gounty gpmaylwmia. TF1;i,B 'pO, SAIQ H3, IS XBgT1~ IN Braodoa'.p.,Mitsheto, asingle m~„by l'3ead 5nat t;tissr L. (J~ssn, a ~gk 'wamra; sWi 661391,. moosdmd tN120/ 2002; is E]t+ed 11ak 253; pye 1901: