Loading...
HomeMy WebLinkAbout08-2841PHELAN 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 SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 177370 JPMORGAN CHASE BANK, N.A. 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff V. C. ROBERT GREENE 505 GOOD HOPE ROAD MECHANICSBURG, PA 17055 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. o$- 02$q 0iv11Te.*-% CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 177370 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 #: 177370 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 #: 177370 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 #: 177370 Plaintiff is JPMORGAN CHASE BANK, N.A. 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: C. ROBERT GREENE 505 GOOD HOPE ROAD MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/17/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR BANK ONE, NA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1777, Page 848. The 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 177370 6 The following amounts are due on the mortgage: Principal Balance $116,579.60 Interest $3,344.60 12/01/2007 through 04/30/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $172.72 09/17/2002 to 04/30/2008 Cost of Suit and Title Search 550.00 Subtotal $121,896.92 Escrow Credit ($816.87) Deficit $0.00 Subtotal 816 87 TOTAL $121,080.05 7. 8 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. 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. File #: 177370 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $121,080.05, together with interest from 04/30/2008 at the rate of $23.89 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: F 4 7 LA rNNCEE T. PHELAN, SQUIRE FRA . HALLINAN, SQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE Attorneys for Plaintiff File #: 177370 LEGAL DESCRIPTION ALL THAT CERTAIN House and tract of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at an iron pin in the center of a public road leading from Erb's Bridge to Good Hope Mills, at line of land now or formerly of Emandar Realty Company; thence South 08 degrees 15 minutes East, along the center of said Road, 370 feet to an iron pin at line of lands now or formerly of Emandar Realty Company; thence South 81 degrees 45 minutes West 77.5 feet to a stake on the bank of the Conodoquinet Creek; thence Northwardly along the shore line of said Conodoquinet Creek, 370 feet, more or less, to a stake at land now or formerly of the Emandar Realty Company, aforesaid; thence North 81 degrees 45 minutes East 60 feet to an iron pin in the center of the public road, aforesaid, at the place of BEGINNING. HAVING thereon erected a single family dwelling house. UNDER AND SUBJECT, NEVERTHELESS, to all rights of way, easements, restrictions and/or conditions of record. PARCEL NO. 10-19-1600-008 PROPERTY BEING: 505 GOOD HOPE ROAD File #: 177370 VERIFICATION I hereby state that I am the attorney for Plaintiff in this m outside the after, that. Plaintiff is jurisdiction of the Court and/or the verification could not be the time allowed for the filing of the pleadin obtained within g, that I am authorized to make this verification pursuant to Pa.R.C.P, 1024 (c), and that the state Civil Action in Mortgage Foreclosure are based upon information supplied by plaintiff and are true and correct to. the best of my knowledge, inform Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subj of 18 Pa.C.S ect to the penalties Sec. 4904 relating to unworn falsifications to authorities. Tb ? 7 o 4WA rney for Plain iff DATE: ? ? 6? it P 00 I I Ra .mac 0 ra , ?4 oOo ? s o a _._ 00 SHERIFF'S RETURN - REGULAR CASE NO: 2008-02841 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JPMORGAN CHASE BANK NA VS GREENE C ROBERT MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon c:'PRwmR r PnRRRT the DEFENDANT , at 2004:00 HOURS, on the 13th day of May 2008 at 505 GOOD HOPE ROAD MECHANICSBURG, PA 17055 by handing to ROBERT L GREENE, SON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 12.00 Affidavit .00 Surcharge 10.00 00 -40.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 05/14/2008 PHELAN HALLINAN SCHMIEG By: Depu y Sheriff A. D. PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 JPMORGAN CHASE BANK, N.A. Plaintiff VS. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2841 CIVIL TERM C ROBERT GREENE CUMBERLAND COUNTY Defendant(s) . PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Date: 6/6/08 Phelan Hallinan & Schmieg, LLP Attorney gfoaintiff By: Francis S. Hallinan, Esquire PHS #: 177370 VERIFICATION Cindy A. Smith hereby states that he/she is A "QitMnt $ rof CHASE HOME FINANCE LLC, servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, Arc. and be lief The undersigned understands that this statement is made subject to the penalties S. Sec. 4904 relating to unworn falsification to authorities. DATE: Name: Title: a??` rrAA-- ?'?gss?11` Company: CHASE HOME FINANCE LLC Loan:4800130850 File #: 177370 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 JPMORGAN CHASE BANK, N.A. Plaintiff VS. C ROBERT GREENE Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2841 CIVIL TERM CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of PlaintifFs Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: 505 GOOD HOPE ROAD MECHANICSBURG, PA 17055-0000 C ROBERT GREENE 165 CORDOVA STREET APARTMENT B SAINT AUGUSTINE, FL 32084-5021 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: Date: 6/6/08 Francis S. Hallinan, Esquire caa {"t l C r .i C` fig: ,' t V L7 i-; t tt3 r? t-. J ' Cj ! PLAINTIFF: JPIVIORGAN CHASE BANK, N.A. DEFENDANT(S): C ROBERT GREEN AFFIDAVIT OF SERVICE SERVE: C ROBERT GREENE ADDRESS: 165 CORDOVA STREET APT B SAINT AUGUSTINE FL 32084-5021 "PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES" SERVED Served and made know?to A_ t jnQ-- on the S d y of n2 at j: C-•1 ock, ?.M., at 1r,5 ?Dlydov _ __ K? I? [?j Served By: Defendant personally served. _ Adult family member with whom Defendant(s) resides. Name and relationship is: _ Adult in charge of Defendant's residence who refused to give name/relationship. _ Manager/Clerk of place of lodging in which Defendant(s) resides - Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age JV Height_5 Weight X05- Race '4Cex_ Other I, e 5 eQ , a Private Process Server and competent adult, being duly sworn according to law, de ore and state that I perso is y handed a true and correct copy of the Civil Action Complaint in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed Befor me this (o day O Q. , 2008. Nota tale off ton .Pay n,.r S rfannlaytor nn6657 2O ?V Y? /? C ?Jm???CJRO? U 9jz • s day of Moved _ Other: 1" Attempt: Sworn to and subscribed Before me this day Of , 2008. Notary: 3rd Attempt: awerve I Bv: Attorney For Plaintiff PHS#: 177370 NOT SERVED 20._, at -:- o'clock, _.M., Defendant NOT FOUND because: Unknown No Answer CUMBERLAND COUNTY OUR FILE #177370 RUSH TEAM4/ lxh COURT NO. 08-2841 CIVIL TERM TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action Defendant, in the manner described below: Vacant 2°d Attempt: Daniel G. Schmieg, Esquire - I.D. #62205 1617 John F. Kennedy Blvd, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 .;F_ c ll s ? , e . ff. W? 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, N.A. 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION V. C. ROBERT GREENE 505 GOOD HOPE ROAD MECHANICSBURG, PA 17055 Defendant(s). NO. 08-2841-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against C. ROBERT GREENE and, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $121,080.05 Interest from 05/01/2008 to 07/17/2008 $1,863.42 TOTAL $122,943.47 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237-.i, copy attached. DANIEL G. S"CHMII Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: P PROTI Y 177370 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, N.A. 3415 VISION DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. NO. 08-2841-CIVIL TERM C. ROBERT GREENE Defendant(s). 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 C. ROBERT GREENE is over 18 years of age and resides at, 505 GOOD HOPE ROAD, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Attorney for 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 JPMORGAN CHASE BANK, N.A Plaintiff Vs. C. ROBERT GREENE Defendants COURT OF COMMON PLEAS CIVIL DIVISION :CUMBERLAND COUNTY :NO. 08-2841-CIVIL TERM TO: C. ROBERT GREENE 165 CORDOVA STREET, APT B SAINT AUGUSTINE, FL 32084 DATE OF NOTICE:.HNE 25, 200R THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 Ir 1(800)990-9108 Li Hainey , Legal Assistant C? C.". °c5 rxa ?rt ` ' rn L p < _ r L (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JP MORGAN CHASE BANK, N.A. 3415 VISION DRIVE Plaintiff, V. C. ROBERT GREENE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2841-CIVIL TERM Defendant(s). DANIEL G. SCHMIEG, E IRE Attorney for Plaintiff ONE PENN CENTER AT S URBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 A By: i64T1MUX4 If you have any questions concerning this matter, please contact: • '4? (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 JP MORGAN CHASE BANK, N.A. Plaintiff, V. No. 08-2841-CIVIL TERM C. ROBERT GREENE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due interest from 07/18/2008-12/10/2008 (per diem -$20.21) Add'1 Costs TOTAL $122,943.47 $2,950.66 and Costs $2.288.50 $128,182.63 DANIEL G. SCHMIEG, E UIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 177370 wd O p? H ?-+ P'' ? C.7 H o O? U G W ? PG A ? V a Od 4 U H U iw <r 00 O h1 M r? W W H d H Hp? <C W d w ? 40- T O 0 d ? a. N 45 d a r M f" C"? .?HELAN 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, N.A. Plaintiff, V. C. ROBERT GREENE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2841-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: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. ??thAk - DANIEL G. SCHMI , ESQUIRE Attorney for Plaintiff . 11P MORGAN CHASE BANK, N.A. Plaintiff, v. C. ROBERT GREENE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL, DIVISION NO. 08-2841-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) JP MORGAN CHASE BANK. N.A., 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 ,505 GOOD HOPE ROAD, 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) C. ROBERT GREENE 165 CORDOVA STREET APT. B SAINT AUGUSTINE, FL 32084 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HOUSEHOLD REALITY CORPORATION 5106-H JONESTOWN ROAD COLONIAL CONNORS HARRISBURG, PA 17112 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 505 GOOD HOPE ROAD MECHANICSBURG, PA, 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 8, 2008 - iu"d DATE DANIEL G. SCHMIE , ESQUIRE Attorney for Plaintiff r 14 JP MORGAN CHASE BANK, N.A. Plaintiff, V. CUMBERLAND COUNTY No. 08-2841-CIVIL TERM C. ROBERT GREENE Defendant(s). August 8, 2008 TO: C. ROBERT GREENE 165 CORDOVA STREET APT. B SAINT AUGUSTINE, FL 32084 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WASNOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 505 GOOD HOPE ROAD, MECHANICSBURG, PA, 17055, is scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $122,943.47 obtained by JP MORGAN CHASE BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. P < .4 You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 LEGAL DESCRIPTION ALL THAT CERTAIN House and tract of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at an iron pin in the center of a public road leading from Erb's Bridge to Good Hope Mills, at line of land now or formerly of Emandar Realty Company; thence South 08 degrees 15 minutes East, along the center of said Road, 370 feet to an iron pin at line of lands now or formerly of Emandar Realty Company; thence South 81 degrees 45 minutes West 77.5 feet to a stake on the bank of the Conodoquinet Creek; thence Northwardly along the shore line of said Conodoquinet Creek, 370 feet, more or less, to a stake at land now or formerly of the Emandar Realty Company, aforesaid; thence North 81 degrees 45 minutes East 60 feet to an iron pin in the center of the public road, aforesaid, at the place of BEGINNING. HAVING thereon erected a single family dwelling house. UNDER AND SUBJECT, NEVERTHELESS, to all rights of way, easements, restrictions and/or conditions of record. TITLE TO SAID PREMISES IS VESTED IN C. Robert Greene, single man, by Deed from Patty Lee Hunter, single woman, dated 07/22/1997, recorded 07/29/1997, in Deed Book 161, page 988 PREMISES BEING: 505 GOOD HOPE ROAD; MECHANICSBURG, PA, 17055 PARCEL NO. 10-19-1600-008 a. p 'v b A ?Y v?oa°vg L N :raw c c? 3 W AT) ^?^;? ? 6 ?rn C WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-2841 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP MORGAN CHASE BANK, N.A., Plaintiff (s) From C. ROBERT GREENE (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 $122,943.47 L.L.$ 0.50 Interest from 7/18/08 - 12/10/08 (per diem - $20.21) -- $2,950.66 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $159.00 Other Costs $2,288.50 Plaintiff Paid Date: 8/11/08 Prothonotary (Seal) By: i4 REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Deputy 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 JPMORGAN CHASE BANK, N.A. Plaintiff V. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County C. ROBERT GREENE No. 08-2841 CIVIL TERM Defendant 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 May 2, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on July 21, 2008 in the amount of $122,943.47. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 10, 2008. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through December 10, 2008 Per Diem $23.95 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium J Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $116,579.60 $8,952.10 $345.44 $1,250.00 $1,156.50 $0.00 $0.00 $0.00 $0.00 $0.00 ($0.00) $1,853.30 $130,136.94 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 Defendants on October 7, 2008 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "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. Me MBBradfoo mieg, LLP DATE: ILL By: Miche , squire Atto rney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 JPMORGAN CHASE BANK, N.A. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County C. ROBERT GREENE No. 08-2841 CIVIL TERM Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE C. ROBERT GREENE 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 505 GOOD HOPE ROAD, MECHANICSBURG, PA 17055-0000. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59,142 A.2d 319,321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Cion oli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to 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 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, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. Vl. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicom 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: D al ' chmieg, LLP By: Michele M. Bradfor , Esquire Attorney for Plaintiff Exhibit `6A" It 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 SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 215 563-7000 177370 JPMORGAN CHASE BANK, N.A. 3415 VISION DRIVE COLUMBUS, OH 43219 V. Plaintiff C. ROBERT GREENE 505 GOOD HOPE ROAD MECHANICSBURG, PA 17055 Defendant N c 2 c r rT T .,u . ?Fj Z-7 na -c ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. OS - a.8V1 Ctvi t ?rcri CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE YFILE COPY PLEAS ORNE r-RETUpN File #: 177370 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 #: 177370 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 #: 177370 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 N: 177370 I . Plaintiff is JPMORGAN CHASE BANK, N.A. 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are; C. ROBERT GREENE 505 GOOD HOPE ROAD MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/17/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR BANK ONE, NA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1777, Page 848. The 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2008 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. Fite #. 177370 6. The following amounts are due on the mortgage: Principal Balance $116,579.60 Interest $3,344.60 12/01/2007 through 04/30/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $172.72 09/17/2002 to 04/30/2008 Cost of Suit and Title Search $550.00 Subtotal $121,896.92 Escrow Credit ($816.87) Deficit $0.00 Subtotal $816.87 TOTAL $121,080.05 7 8. 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. 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. File #: 177370 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $121,080.05, together with interest from 04/30/2008 at the rate of $23.89 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: LA NCE T. PHELAN, SQUIRE FRA CIS S. HALLINAN, SQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE Attorneys for Plaintiff Fite #: 177370 LEGAL DESCRIPTION ALL THAT CERTAIN House and tract of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at an iron pin in the center of a public road leading from Erb's Bridge to Good Hope Mills, at line of land now or formerly of Emandar Realty Company; thence South 08 degrees 15 minutes East, along the center of said Road, 370 feet to an iron pin at line of lands now or formerly of Emandar Realty Company; thence South 81 degrees 45 minutes West 77.5 feet to a stake on the bank of the Conodoquinet Creek; thence Northwardly along the shore line of said Conodoquinet Creek, 370 feet, more or less, to a stake at land now or formerly of the Emandar Realty Company, aforesaid; thence North 81 degrees 45 minutes East 60 feet to an iron pin in the center of the public road, aforesaid, at the place of BEGINNING. HAVING thereon erected a single family dwelling house. UNDER AND SUBJECT, NEVERTHELESS, to all rights of way, easements, restrictions and/or conditions of record. PARCEL NO. 10-19-1600-008 PROPERTY BEING: 505 GOOD HOPE ROAD File #: 177370 VERIFICATION I hereby state that I am the 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 I am 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 my 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 unworn falsifications to authorities. I?W I i Al I fL, rney for Plain iff DATE: d? Exhibit 66B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (2151 563-7000 JP MORGAN CHASE BANK, N.A. 3415 VISION DRIVE COLUMBUS, OR 43219 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. ATTOM NEE REG.C 41-CIVIL TERMc C. ROBERT GREENE PLEASE RETURN - o o 505 GOOD HOPE ROAD MECHANICSBURG, PA 17055 r" rnj= 05,) < 1." -am -D --- Defendant(s). Cj • C; PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ?-? ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against C. ROBERT GREENE and , Defendant(s) for failure to fileATT!iComplaint within 20 days from service thereof and for.Foreclosure and Sale .o#Rltf4ftnises, and assess Plaintiff's damages as follows: As set forth in Complaint $121,080.05 Interest from 05/01/2008 to 07/17/2008 $1,863.42 TOTAL $122,943.47 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in acalQUE Mro , copy attached. PLEASE REIUR „ I , D7KNIEL G. S"CHMII Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE:' PR PROTHY 177370 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 October 7, 2008 C. ROBERT GREENE 165 CORDOVA STREET APARTMENT B SAINT AUGUSTINE, FL 32084-5021 Representing Lenders in Pennsylvania and New Jersey RE: JPMORGAN CHASE BANK, N.A. v. C. ROBERT GREENE Premises Address: 505 GOOD HOPE ROAD MECHANICSBURG, PA 17055 CUMBERLAND County CCP, No. 08-2841 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 tome by Monday, October 13, 2008. .11 1 Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. RMi my y ours, ele Bra for Esquire For Phelan Hallinan & Schmieg, LLP Enclosure pro W Mry u cn a+ ? x b W p H ? O ? O o ? O x a o 0 o tn kn 0 . C40 . U &0 W W .0 0 zn ?ca d ?C, u `•, Wd Wo 00 zz a 40 C) o a o a0 Z U4.u i .a ? o 0 z r U ti ? a a , b ? Q •p (/] A 4QO a J -' N a 00 ? ? o g ,? 6 ° v ti £Olg! E3?U E O ROOZ ZO.L 00 ?2 W °?u a3UbY L . Z-ZO i 0108 O b00p E W o MOB AIN1u ® w! '70 ? ? o 0 we ?woA Z - 'hoe R ? U> 9 c v g.? ck?sbdS300 ca y E ? u v d E" 0 U W a> Q 9-8 00 p d C vi d J W N O 7 E .? V O d w ? 'O U d O _ N U T ^ ? A = 0 0 ?5 ? a°qi 00 ? , E 0 00 0 0` o C E owc9' o a o a .? o.. Ey E 'o o v _ rn s P4 0 v Iz- a a°w U N a0 w ., 00 ?a z? o94 v v o? ? N z -' M V'1 ?p I? 00 O? ° N M V V'1 0 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. i Schmieg, LLP DATE: D`6 By: iM. Bradfor , Esquire e 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 JPMORGAN CHASE BANK, N.A. Plaintiff V. C. ROBERT GREENE ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-2841 CIVIL TERM Defendant 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. C. ROBERT GREENE C. ROBERT GREENE 165 CORDOVA STREET APARTMENT B 505 GOOD HOPE ROAD SAINT AUGUSTINE, FL 32084-5021 MECHANICSBURG, PA 17055-0000 DATE: I b chmieg, LLP By: 1Tn Michele M. Bradfor , Esquire Attorney for Plaintiff ?.? ?? ..?> cY;a - ---.> ,? -_ - ? ? ....? ? ; Y ..._ c;•, ; ?: T .? ? ` .,? ;. ° C_ ?-? OCT 16 2008(n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK, N.A. Plaintiff Court of Common Pleas Civil Division V. C. ROBERT GREENE Defendant RULE CUMBERLAND County No. 08-2841 CIVIL TERM AND NOW, this Z / ` day of Ot$y6 ..- 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. 2 /r, Rule Returnable en the= a--- -r Lnno .,? , *Ir 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 michele.bradford@fedphe.com t, ch ROBERT GREENE 165 CORDOVA STREET APARTMENT B SAINT AUGUSTINE, FL 32084-5021 P ?o ? ? a8 !I 14, J. Y C. ROBERT GREENE 505 GOOD HOPE ROAD MECHANICSBURG, PA 17055-0000 177370 w t ? v..au PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 JP MORGAN CHASE BANK, N.A CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION C. ROBERT GREENE NO. 08-2841-CIVIL TERM Defendant MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendant, C. ROBERT GREEN, by certified mail and regular mail to 505 GOOD HOPE ROAD, MECHANICSBURG, PA 17055 and 165 CORDOVA STREET, APT. B, SAINT AUGUSTINE, PA 32084, and in support thereof avers the following: 1. A Sheriff's Sale of the mortgaged property involved herein has been scheduled for DECEMBER 10, 2008. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendant be served with a notification of Sheriff's Sale at least thirty (30) days prior to the scheduled sale date. Attempts to serve Defendant with the Notice of Sale have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A", NO SERVICE WAS MADE AT THE MORTGAGED PREMISES AS THE PROPERTY IS VACANT. 4. As indicated by the Return of Service attached hereto as Exhibit "B", NO SERVICE WAS MADE AT THE LAST KNOWN ADDRESS, 165 CORDOVA STREET, APT. B, SAINT AUGUSTINE, FL 32084 AS THE SERVER WAS UNABLE TO MAKE CONTACT. 5. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "C". WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to 505 GOOD HOPE ROAD, MECHANICSBURG, PA 17055 and 165 CORDOVA STREET, APT. B, SAINT AUGUSTINE, PA 32084. PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMEE SQUIRE Attorney for Plaintiff AFFIDAVIT OF SERVICE PLAINTIFF JP MORGAN CHASE BANK, N.A DEFENDANT(S) C. ROBERT GREENE SERVE C. ROBERT GREENE AT: 505 GOOD HOPE ROAD MECHANICSBURG, PA, 17055 SERVED Served and made known to at , o'clock _.in., at of Pennsylvania, in the manner described below: CUMBERLAND COUNTY No. 08-2841-CIVIL TERM ACCT. #177370 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 10, 2008 Defendant, on the day of 200_ 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 Race Sex Other Commonwealth I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of 200_. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. ??? NOT SERVED On the -4^ day of 200?, at Q -.I I o'clock P.m., Defendant NOT FOUND because: Moved Unknown No Answer L/ Vacant 1st Attempt: Time: 2nd Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed e or a this -6-4- day of 1200,87 Notary: - Notary Public State of New Jersey PATRIMA E. HARRIS Commission Expires June 16, 2013 Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By 1617 John F. Kennedy Boulevard 4hiladelphia, PA 19103-1814 15) 563-7000 PLAINTIFF: JPMORGAN CHASE BANK, N.A. DEFENDANT(S): C. ROBERT GREENE SERVE: C. ROBERT GREENE ADDRESS: 165 CORDOVA STREET APT B SAINT AUGUSTINE FL 32084 AFFIDAVIT OF SERVICE "PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES" SERVED Served and made known to on the day of , 20_, at -:- o'clock, _.M., at ?", CUMBERLAND COUNTY OUR FILE #177370 TEAM COURT NO. 08-2841-CIVIL TERM TYPE OF ACTION XX Notice of Sheriffs Sale Sale Date: 12/10/08 Defendant, in the manner described below: - Defendant personally served. - Adult family member with whom Defendant(s) resides. Name and relationship is: - Adult in charge of Defendant's residence who refused to give name/relationship. - Manager/Clerk of place of lodging in which Defendant(s) resides - Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age Height Weight Race Sex Other 1, , a Private Process Server and competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed Before me this day Of , 2008. Notary: Served Bv: ( NOT SERVED On the e- day of , 20C?at 5 :bU o'clock, P.M., Defendant NOT FOUND because: C Moved Unknown No Answer Vacant Other: .Vb Y? 1 Q n 1" Attempt: IC( D$ ' 3C)ePA 2nd Attempt: O$? SZ 3rd Attempt Sworn to and subscribed Bef a me this day Of , 2008. Notary: Not Served Bv: Notary Public State of Florida Maryann Taylor a4 ¢? _. c My Commission DD665743 9?eF r?°4 Ex Tres 04122/'2011 PHS#: 177370 Attorney For Plaintiff Daniel G. Schmieg, Esquire - I.D. #62205 1617 John F. Kennedy Blvd, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 FULL SPECTRUM SERVICES, INC. `? Q AFFIDAVIT OF GOOD FAITH INVESTIGATION ,? File Number: 177370 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: C. Robert Greene Current Address: 165 Cordova Street, Apartment B, Saint Augustine, FL 32084 Property Address: 505 Good Hope Road, Mechanicsburg, PA 17055 Mailing Address: 165 Cordova Street, Apartment B, Saint Augustine, FL 32084 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct C. Robert Greene - xxx-xx-0175 B. EMPLOYMENT SEARCH C. Robert Greene - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that C. Robert Greene reside(s) at: 505 Good Hope Road, Mechanicsburg, PA 17055. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which had no listing for C. Robert Greene. B. On 10-21-08 our office made a telephone call to the phone number (717) 215-3577 and received the following information: spoke with C. Robert Greene who confirmed that he reside(s) at: 165 Cordova Street, Apartment B, Saint Augustine, FL 32084. III. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 10-21-08 we reviewed the National Address database and found the following information: C. Robert Greene -165 Cordova Street, Augustine, FL 32084. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. IV. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on C. Robert Greene. V. OTHER INQUIRIES A. DEATH RECORDS As of 10-21-08 Vital Records and all public databases have no death record on file for C. Robert Greene. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for C. Robert Greene residing at: last registered address. VI. ADDITIONAL INFORMATION OF SUBJECT A. D ATE OF BIRTH 00vag C. Robert Greene - 07-27-1949 B. A.K.A. Robert Charles Greene * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unworn falsification to authorities. C MONWEALTH OF PENNSYLVANIA NOTARIAL SEAL I AFFIANT - Brendan Booth NORA M. FERRER, Notary public Full S ectruServices, Inc. City of Philadelphia, Phila. County pm Commission F;oires November 22, 2009 Sworn to and subscribed before me this 21St day of October, 2008. The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 JP MORGAN CHASE BANK, N.A. Attorney for Plaintiff CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION C. ROBERT GREENE Defendant NO. 08-2841-CIVIL TERM PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure, Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P., Rule 3129.2 (c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the Notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402 (a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy of the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in the subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant, C. ROBERT GREEN, are unknown, a reasonable investigation of their last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure, Rule 430 (a) provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriff's Return or Affidavit of Service of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs.Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the defendant and (3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the attached Affidavit of Returns of Service, marked hereto as Exhibits "A" and "B", the Process Server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "C". WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to 505 GOOD HOPE ROAD, MECHANICSBURG, PA 17055 and 165 CORDOVA STREET, APT. B, SAINT AUGUSTINE, PA 32084. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP By. DANIEL G. SCHMIEG SQUIRE Attorney for Plaintiff VERIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to take the verification and that the statements made in the foregoing Motion for Service of Notice of Sale pursuant to Special Order of Court 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: October 22, 2008 DANIEL "G.S C H "MI, SQUIRE PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 JP MORGAN CHASE BANK, N.A. Plaintiff V. C. ROBERT GREENE Defendant Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2841-CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Verification in the above captioned matter was sent by first class mail, postage prepaid to the following interested parties on the date indicated below. C. ROBERT GREENE 505 GOOD HOPE ROAD MECHANICSBURG, PA 17055 and 165 CORDOVA STREET, APT. B SAINT AUGUSTINE, PA 32084 Daniel G. Schmieg, uire Attorney for Plainti Date: October 22, 2008 ,?-? "`- ^ C=L 1 + ?.,..? ? ?._ . 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 JPMORGAN CHASE BANK, N.A. Plaintiff V. C. ROBERT GREENE Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-2841 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 M was sent to the following individual on the date indicated below. C. ROBERT GREENE 165 CORDOVA STREET APT B SAINT AUGUSTINE, FL 32084-5021 DATE: C. ROBERT GREENE 505 GOOD HOPE ROAD MECHANICSBURG, PA 17055-0000 P e allinan hmieg, LLP By: Michel . Bra ord, quire Attorney for Plaintiff ?a zti c ? C ?t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JP MORGAN CHASE BANK, N.A. Plaintiff V. C. ROBERT GREENE Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2841-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: 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: 505 GOOD 14OPF. ROAD_ MEC:HANICSBURG,pA, 17055. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders 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 No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. 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. v DANIEL G. SCH G, ESQUIRE Attorney for Plaintiff Date: November 10, 2008 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he 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. 177370 pp- 7G a A U C- 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 JPMORGAN CHASE BANK, N.A. Plaintiff V. C. ROBERT GREENE Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-2841 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE JPMORGAN CHASE BANK, N.A., 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 3. A Rule was entered by the Court on or about , -/. / .S- 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 lo/L7 l-v- , 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 _ 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: i? ?a (•? 7 By: Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit `6A" L OCT 16 20086, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK, N.A. Plaintiff Court of Common Pleas Civil Division V. C. ROBERT GREENE Defendant RULE CUMBERLAND County No. 08-2841 CIVIL TERM AND NOW, this Z f ` day of Or,<aG.r 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. , Z o ear s rVr%- i Rule Returnable eft the R-9 , in ft-f9fain- BYTHECOURT Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford@fedphe.com C. ROBERT GREENE 165 CORDOVA STREET APARTMENT B SAINT AUGUSTINE, FL 32084-5021 4 aW the s" of OW C w. Cr-4- MECHANICSBURG, PA 17055-0000 177370 COPY FROM REC C. ROBERT GREENE 505 GOOD HOPE ROAD J . ORU iiiI?tl9? r?reaf,l here (I1tG my hits t &a19 .$i8 Pa Exhibit "B" -A o --? MF? :' c I L rr _ co ' ' C) 27? CO G PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 JPMORGAN CHASE BANK, N.A. 3 3 Plaintiff' ' V. C. ROBERT GREENE Defendant ATTORNEY FOR PLAINTIFF :l Court of Common Pleas Civil Division CUMBERLAND County No. 08-2841 CIVIL TERM CERTIFICATION AF SERVICE I hereby certify that a true and correct 0 f our Motion to Reassess Damages noting a Rule Return date of was sen. oefollowing individual on the date indicated below. C. ROBERT GREENE 165 CORDOVA STREET APT B SAINT AUGUSTINE, FL 32084-5021 DATE: O -1 C. ROBERT GREENE 505 GOOD HOPE ROAD MECHANICSBURG, PA 17055-0000 P e allinan hmieg, LLP Michel . B ord, quire 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. / Phelan Hallinan & Schmieg, LLP DATE: ?/ ?v (er By: %3 Michele M. Bradford, Esquire 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 JPMORGAN CHASE BANK, N.A. Plaintiff V. C. ROBERT GREENE Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-2841 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. C. ROBERT GREENE 165 CORDOVA STREET APT B SAINT AUGUSTINE, FL 32084-5021 C. ROBERT GREENE 505 GOOD HOPE ROAD MECHANICSBURG, PA 17055-0000 DATE: zo o r By: Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff r-Z) - C. NOV 2 5 2008 (? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, N.A. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County C. ROBERT GREENE No. 08-2841 CIVIL TERM Defendant ORDER AND NOW, this 2 5" day of 0&t-kcf , 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 $116,579.60 Interest Through December 10, 2008 $8,952.10 Per Diem $23.95 Late Charges $345.44 Legal fees $1,250.00 Cost of Suit and Title $1,156.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $0.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 ($0.00) $1,853.30 $130,136.94 Plus interest from December 10, 2008 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. 177370 RV TU1P r C)T TV T tlil. ft d f,+'{... .. n A'{t 1j ,3 14V 9z AM HE ¦ , . PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 JP MORGAN CHASE BANK, N.A. Plaintiff V. C. ROBERT GREENE Defendant Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2841-CIVIL TERM AMENDED MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendant, C. ROBERT GREEN, by certified mail and regular mail to 505 GOOD HOPE ROAD, MECHANICSBURG, PA 17055 and 165 CORDOVA STREET, APT. B, SAINT AUGUSTINE, PA 32084, and in support thereof avers the following: 1. A Sheriff's Sale of the mortgaged property involved herein has been scheduled for FEBRUARY 4, 2009. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendant be served with a notification of Sheriff's Sale at least thirty (30) days prior to the scheduled sale date. Attempts to serve Defendant with the Notice of Sale have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A", NO SERVICE WAS MADE AT THE MORTGAGED PREMISES AS THE PROPERTY IS VACANT. 4. As indicated by the Return of Service attached hereto as Exhibit "B", NO SERVICE WAS MADE AT THE LAST KNOWN ADDRESS, 165 CORDOVA STREET, APT. B, SAINT AUGUSTINE, FL 32084 AS THE SERVER WAS UNABLE TO MAKE CONTACT. 5. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "C". 6. There has been no other rulings regarding this case, and there is no opposing counsel. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to 505 GOOD HOPE ROAD, MECHANICSBURG, PA 17055 and 165 CORDOVA STREET, APT. B, SAINT AUGUSTINE, PA 32084. PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIE SQUIRE Attorney for Plaintiff AFFIDAVIT OF SERVICE PLAINTIFF DEFENDANT(S) JP MORGAN CHASE BANK, N.A. C. ROBERT GREENE SERVE C. ROBERT GREENE AT: 505 GOOD HOPE ROAD MECHANICSBURG, PA, 17055 Served and made known to at _ . o'clock _m., at of Pennsylvania, in the manner described below: CUMBERLAND COUNTY No. 08-2841-CIVIL TERM ACCT. #177370 d? Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 10, 2008 SERVED Defendant, on the day of _ 200 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 Race Sex Other Commonwealth I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of .200_, Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the (04"' day of EQ 200y, at 1.2 .1 o'clock P.m, Defendant NOT FOUND because: Moved Unknown No Answer V Vacant 1st Attempt: Time• 3rd Attempt: Time: 2nd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff e or a this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 Of , 200ff One Penn Center at Suburban Station, Suite 1400 No By 1617 John F. Kennedy Boulevard .>adelphia, PA 19103-1814 .?/4 J15) 563-7000 Notary Public State of New Jersey PATRK:IA FL HARRIS q Commissiorl Expires June 16, 2013 PLAINTIFF: JPMORGAN CHASE BANK, N.A. DEFENDANT(S): C. ROBERT GREENE SERVE: C. ROBERT GREENE ADDRESS: 165 CORDOVA STREET APT B SAINT AUGUSTINE FL 32084 AFFIDAVIT OF SERVICE "PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES" SERVED Served and made known to on the day of 20_, at -:- o'clock, _.M., at 40 CUMBERLAND COUNTY OUR FILE #177370 TEAM COURT NO. 08-2841-CIVIL TERM TYPE OF ACTION XX Notice of Sheriffs Sale Sale Date: 12/10108 Defendant, in the manner described below: - Defendant personally served. - Adult family member with whom Defendant(s) resides. Name and relationship is: Adult in charge of Defendant's residence who refused to give name/relationship. - Manager/Clerk of place of lodging in which Defendant(s) resides - Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age Height Weight Race Sex Other I, a Private Process Server and competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed Before me this day Of , 2008. Notary: Served BY: ` NOT SERVED On the? day of A 101 20C at :W o'clock, P.M., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Other: A 1,0 ? lcn4-a C 1" Attempt: let O$ @%'300f- 2nd Attempt: 3 $'? tZ :i "3'a Attempt: IC) Mae', Sworn to and subscribed Bel a me this day Of 2008. Notary: Not Served By: Notary Public State of Florida Maryann Taylor My canmission DD665743 Attorney For Plaintiff or cue Ex 'res 04!2212011 Daniel G. Schmieg, Esquire - I.D. #62205 1617 John F. Kennedy Blvd, Suite 1400 PHS#: 177370 Philadelphia, PA 19103-1814 (215) 563-7000 FULL SPECTRUM SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 177370 Attorney Firm: Phelan, Hallinan & Schmie& LLP Subject: C. Robert Greene Current Address: 165 Cordova Street, Apartment B, Saint Augustine, FL 32084 Property Address: 505 Good Hope Road, Mechanicsburg, PA 17055 Mailing Address: 165 Cordova Street, Apartment B, Saint Augustine, FL 32084 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following. I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct C. Robert Greene - xxx-xx-0175 B. EMPLOYMENT SEARCH C. Robert Greene - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that C. Robert Greene reside(s) at: 505 Good Hope Road, Mechanicsburg, PA 17055. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which had no listing for C. Robert Greene. B. On 10-21-08 our office made a telephone call to the phone number (717) 215-3577 and received the following information: spoke with C. Robert Greene who confirmed that he reside(s) at: 165 Cordova Street, Apartment B, Saint Augustine, FL 32084. III. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 10-21-08 we reviewed the National Address database and found the following information: C. Robert Greene -165 Cordova Street, Augustine, FL 32084. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. IV. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain' address information on C. Robert Greene. V. OTHER INQUIRIES A. DEATH RECORDS As of 10-21-08 Vital Records and all public databases have no death record on file for C. Robert Greene. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for C. Robert Greene residing at: last registered address. VI. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH 181' C. Robert Greene - 07-27-1949 B. A.K.A. . Robert Charles Greene * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unworn falsification to authorities. a G MONWrALTH QF PENNsnvA to NOTARIALSEAL AFFIANT - Brendan Booth NORA M. FERRER Mme, Pubic Full Spectrum Services, Inc. CkY °t NWelphia, Ph?7e. Ctwraiy MY Commission Expires NNovember 22, 2009 Sworn to and subscribed before me this 21St day of October, 2008. The above information is obtained from available public records and we are only liable for the cost of the affidavit. 1ND PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 JP MORGAN CHASE BANK, N.A CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION C. ROBERT GREENE NO. 08-2841-CIVIL TERM Defendant PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure, Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P., Rule 3129.2 (c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the Notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402 (a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy of the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in the subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant, C. ROBERT GREEN, are unknown, a reasonable investigation of their last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure, Rule 430 (a) provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriff's Return or Affidavit of Service of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs.Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the defendant and (3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the attached Affidavit of Returns of Service, marked hereto as Exhibits "A" and "B", the Process Server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "C". WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to 505 GOOD HOPE ROAD, MECHANICSBURG, PA 17055 and 165 CORDOVA STREET, APT. B, SAINT AUGUSTINE, PA 32084. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP By: J2. DANIEL G. SCHM , ESQUIRE Attorney for Plaintiff VERIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to take the verification and that the statements made in the foregoing Motion for Service of Notice of Sale pursuant to Special Order of Court 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: Januarv 22, 2009 DANIEL G. SCHMIE SQUIRE PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 JP MORGAN CHASE BANK, N.A. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION C. ROBERT GREENE NO. 08-2841-CIVIL TERM Defendant CERTIFICATE OF SERV ICE I hereby certify that a true and correct copy of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Verification in the above captioned matter was sent by first class mail, postage prepaid to the following interested parties on the date indicated below. C. ROBERT GREENE 505 GOOD HOPE ROAD MECHANICSBURG, PA 17055 and 165 CORDOVA STREET, APT. B SAINT AUGUSTINE, PA 32084 Daniel G. Schmieg, Es e Attorney for Plaintiff Date: January 22, 2009 rn T; y pp rr ? y JAN 2 R 2009 61 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JP MORGAN CHASE BANK, N.A. Plaintiff v. C. ROBERT GREENE Defendant ORDER CIVIL DIVISION NO. 08-2841-CIVIL TERM AND NOW, this 3b"day of a..? , 2009, upon consideration of Plaintiffs Motion for Service of Notice of Sale Pursuant to Special Order of Court and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above-captioned Defendant, C. ROBERT GREEN, by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to 505 GOOD HOPE ROAD, MECHANICSBURG, PA 17055 and 165 CORDOVA STREET, APT. B, SAINT AUGUSTINE, PA 32084. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit of service. W?C if BY iO COURT: r 4 J. IF i O? ' r' ?% ?? r ?? ? ` ? ,s;?, ? = . ? ?y .. -,.;. L >"`•? j ?,, °-?? ?- ?;. ?? {. ? ? :? r? ?? *? ? t s` ? ? x . ? .?''rm PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE IDENTIFICATION NO. 62205 ATTORNEY FOR PLAINTIFF SUITE 1400 - ONE PENN CENTER PHILADELPHIA, PA 19103 (215) 563-7000 JP MORGAN CHASE BANK, N.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. CIVIL DIVISION NO. 08-2841-CIVIL TERM C. ROBERT GREENE VERIFICATION I hereby certify that a true and correct copy of the Notice of Sheriffs Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to the following person C. ROBERT GREENE in accordance with the Order of Court dated, JANUARY 30, 2009. Which evidence of this will be sent along will the Final Affidavit pursuant with Rule 3129. The undersigned understands that this statement is made subject to the penalties of 18 PA. C.S. s4904 relating to unsworn falsification to authorities. J? C t ??tiL %(r DANIEL G. SCHMIEG, ESQUIRE ATTORNEY FOR PLAINTIFF v DATE: February 17.2009 OCT Z 4 2008(n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JP MORGAN CHASE BANK, N.A. ; Plaintiff V. C. ROBERT GREENE Defendant ORDER CIVIL DIVISION NO. 08-2841-CIVIL TERM 1 AND NOW, this 3 ay of ?to 001on consideration of Plaintiffs Motion for Service of Notice of Sale ursuant Special Order of Court and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above-captioned Defendant, C. ROBERT GREEN, by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to 505 GOOD HOPE ROAD, MECHANICSBURG, PA 17055 and 165 CORDOVA STREET, APT. B, SAINT AUGUSTINE, PA 32084. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit of service. ks CO L6 L 30O3c 60OZ b0 834 ooz,ZO 9 SWAM AM" 1.4 coj 'S U 4J fY. O O O ??i C U R yyyy '? M a ?a xUL ? a c - r.a ? R W y . a0a 1 Qz L ? h y u N rr, ? v, ?O l? 00 O? ? N M V ?, O J R 'C w zao ti ti Q u u C u 4 E i z U ?C O OI O O k,r) oG O ? M da c? 0 ?owaak d a ? v a S E W ? ° ac ?z; U O T .n C F c, 7178 2417 6099 0021 4532 3 / SPL C ROBERT GREENE 505 GOOD HOPE ROAD MECHANICSBURG, PA 17055-0000 --fold here (regular) -- fold here (60) --fold here (regular) USPS - Track & Confirm Page 1 of 1 i Track & Confirm Trek & Confirm Seamh Resu is Label/Receipt Number: 7178 2417 6099 0021 4532 Trackanirtti Detailed Results: * Notice Left, February 06, 2009,1:46 pm, MECHANICSBURG, PA Enter Label/Receipt Number. 17050 I(? Acceptance, February 04,2009,4:02 pm, PHILADELPHIA, PA 19102 • Electronic Shipping Info Received, February 04, 2009 ($ Tir ftererre tbySccnva?r?r a j NoilifiGatien QptionS Track & Confirm by email Get current event information or updates for your item sent to you or others by email. 80 Return Receipt (Electronic) Verify who signed for your item by email. 7 5itgM?p onS t ?s F21M Sz4y'tserAm ,IoW.5? PriY@C-YRoIi Y TeCi?l _.4f 1l N4.tl9.Re1_&P_C n't'L&?r'-Qvnts Copyright@ 1999-2007 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA http://trkcnfrml.smi.usps.com/PTSIntemetWeb/InterLabelDetail.do 2/16/2009 H "I e Horne I 7178 =... boss 0021 4525 3 / SPL C ROBERT GREENE 165 CORDOVA STREET APARTMENT B SAINT AUGUSTINE, FL 32084-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) USPS - Track & Confirm Page 1 of I AV, UNM STATES POSTAL SEWKEe Home I Help Track & Confirm Track Confirm Search Resufts Label/Receipt Number: 7178 2417 6099 0021 4525 Detailed Results: Track & Canfinn • Delivered, February 11, 2009, 2:31 pm, SAINT AUGUSTINE, FL Enter Label/Receipt Number. 32084 • Notice Left, February 07, 2009, 1:08 pm, SAINT AUGUSTINE, FIL 32084 • Acceptance, February 04,2009,4:02 pm, PHILADELPHIA, PA 19102 ¦ Electronic Shipping Info Received, February 04, 2009 <ck {i ea tfSF&cem > Dart Dpti tN Track & Confirm by email Get current event information or updates for your item sent to you or others by email. diva s Return Receipt (Electronic) Verify who signed for your item by email. M onta t Forms Gov't Services Jobs Privacy Policy Copyright@ 1999-2007 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA Terms of Use National & Premier Ac r ,nrs V http://trkcnfrmi.smi.usps.com/PTSIntemetWeb/InterLabelDetail.do 2/16/2009 0 Date Produced: 02/16/2009 PHELAN HALLINAN & SCHMIEG The following is the delivery information for Certified MaiITM item number 7178 2417 6099 0021 4525. Our records indicate that this item was delivered on 02/11/2009 at 02:31 p.m. in SAINT AUGUSTINE, FL, 32084. The scanned image of the recipient information is provided below. Signature of Recipient: Address of Recipient: c7Tf A Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representitive. Sincerely, United States Postal Service The customer reference number shown below is not validated or endorsed by the United States Postal Service. It is solely for customer use. Customer Reference Number: 22161 r, LLi CL J F - LA- d Er" C 7 Cho COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which FANNIE MAE is the grantee the same having been sold to said grantee on the 1 ST day of APRIL A.D., 2009, under and by virtue of a writ Execution issued on the 11 TH day of AUG, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 2841, at the suit of JP MORGAN CHASE BANK against C ROBERT GREENE is duly recorded as Instrument Number 200911940. IN TESTIMONY WHEREOF, I have hereunto set my hand ?` and seal of said office this (D day of A.D. c2- Recorder of Deeds RWC9W qN-'1ds, Cr_:Ztir ors ;>Cr :. ;, t?°°, Carrie, PA My Com iwm Expiraa Iv first m.n(?ay of Jan. 2olo JP Mu%gan Chase Bank, N.A. In the Court of Common Pleas of VS Cumberland County, Pennsylvania C. Robert Greene Writ No. 2008-2841 Civil Term 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 by certified mail, return receipt requested to the within named defendant, to wit: C. Robert Greene to his last known address of 165 Cordova Street, Apt. B, Saint Augustine, FL 32084. This letter was mailed under the date of August 22, 2008. The unopened letter was returned to the Cumberland County Sheriffs Office on September 29, 2008 marked "unclaimed." Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on October 9, 2008 at 1217 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of C. Robert Greene, located at 505 Good Hope Road, 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: C. Robert Greene, by regular mail to his last known address of 165 Cordova Street, Apt B, Saint Augustine, Florida 32084. This letter was mailed under the date of October 6, 2008 and never returned to the Sheriffs Office. 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 April 1, 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 FANNIE MAE, P.O. Box 650043, Dallas TX 75265-0043 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 1,012.94 Sheriff's Costs: Docketing 30.00 Poundage 19.86 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 12.00 Levy 15.00 Surcharge 20.00 Certified Mail 5.71 Postpone sale 40.00 Law Journal 355.00 Patriot News 335.45 Share Qf'bills • 14.92 bistribution of proceeds 25.00 Sheriff s deed 49.50 $ 1,012.94 So Answers: R. omas Kline, Ski BY Real Estate Coordinator c LI r C? y. E3 I -. ?".. Cam,;' ?...,) tom! JP MORGAN CHASE BANK, N.A. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS C. ROBERT GREENE CIVIL DIVISION Defendant(s). NO. 08-2841-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) JP MORGAN CHASE BANK, N.A., 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 ,505 GOOD HOPE ROAD, 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) C. ROBERT GREENE 165 CORDOVA STREET APT. B SAINT AUGUSTINE, FL 32084 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HOUSEHOLD REALITY CORPORATION 5106-H JONESTOWN ROAD COLONIAL CONNORS HARRISBURG, PA 17112 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 505 GOOD HOPE ROAD MECHANICSBURG, PA, 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 8, 2008 - nd ibUl- DATE DANIEL G. SCHMIE , ESQUIRE Attorney for Plaintiff 3P MC,RGAN CHASE BANK, N.A. Plaintiff, V. C. ROBERT GREENE Defendant(s). CUMBERLAND COUNTY No. 08-2841-CIVIL TERM August 8, 2008 TO: C. ROBERT GREENE 165 CORDOVA STREET APT. B SAINT AUGUSTINE, FL 32084 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 505 GOOD HOPE ROAD, MECHANICSBURG, PA, 17055, is scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $122,943.47 obtained by JP MORGAN CHASE BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. $You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the 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 LEGAL DESCRIPTION ALL THAT CERTAIN House and tract of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at an iron pin in the center of a public road leading from Erb's Bridge to Good Hope Mills, at line of land now or formerly of Emandar Realty Company; thence South 08 degrees 15 minutes East, along the center of said Road, 370 feet to an iron pin at line of lands now or formerly of Emandar Realty Company; thence South 81 degrees 45 minutes West 77.5 feet to a stake on the bank of the Conodoquinet Creek; thence Northwardly along the shore line of said Conodoquinet Creek, 370 feet, more or less, to a stake at land now or formerly of the Emandar Realty Company, aforesaid; thence North 81 degrees 45 minutes East 60 feet to an iron pin in the center of the public road, aforesaid, at the place of BEGINNING. HAVING thereon erected a single family dwelling house. UNDER AND SUBJECT, NEVERTHELESS, to all rights of way, easements, restrictions and/or conditions of record. TITLE TO SAID PREMISES IS VESTED IN C. Robert Greene, single man, by Deed from Patty Lee Hunter, single woman, dated 07/22/1997, recorded 07/29/1997, in Deed Book 161, page 988 PREMISES BEING: 505 GOOD HOPE ROAD, MECHANICSBURG, PA, 17055 PARCEL NO. 10-19-1600-008 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-2841 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO,THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP MORGAN CHASE BANK, N.A., Plaintiff (s) From C. ROBERT GREENE (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 $122,943.47 L.L.$ 0.50 Interest from 7/18/08 - 12/10/08 (per diem - $20.21) -- $2,950.66 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $159.00 Other Costs $2,288.50 Plaintiff Paid Date: 8/11/08 Prothonota (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 39 On August 22, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 505 Good Hope Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 22, 2008 By: :. J-:,-.t S ; Real Estate Sergeant .The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patriot 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: PAW 40110f i,640 #1M 39 t?o...-?+f? berm C. Rutwt AtW" DOW SAW" LEGAL DESOM"M nu: ixp,?r a aae ?a ct>?a ,? d ?Cawy of 410.1 d+?Slrilrcl bounded a aadddcr?edi?toTlinvs,tcrrwt 0 30 iroa pin is t* =*F of a pine rwd.im ft 6 Ft "51100 to 0W r ? ? mss, at.line cf ltue? ?! oc? of l &we - SiiA 06 G 15 5 *f'9aW4fWd T road, 3TB?#t:? to iwo,pifl lf,?eie of ? eow ? or formoty of Pdrs Roairy may; &me 5aWll data 45 *061 77 5 e feetrtia,sta#acq.t!(Eln:ofiMr 7 C,te?.d?ce?a?l,EilaiionEliae r of said C0000Narcre k J*IM , M* or Im to a-Aesr, at lad ww at bra* of the . r ? Sworn to u ribed Poe,?e is 2 Notary Public November, 2008 A.D. 10/29/08 11/05/08 11/12/08 COMMONWEALTH OF PENNSYLVANIA Notarial Seat Sherrie L. Kisner, Notary Public City Of Harrisburgi Dauphin County W for' Expires Nov. 26, 2011 Member, Pennsylvania Association of Notaries 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: October 31, November 7 and November 14, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 39 Writ No. 2008-2841 Civil JP Morgan Chase Bank, N.A. VS. C. Robert Greene Atty.: Daniel G. Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN House and tract of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at an iron pin in the center of a public road leading from Erb's Bridge to Good Hope Mills, at line of land now or formerly of Eman- dar Realty Company; thence South 08 degrees 15 minutes East, along the center of said Road, 370 feet to an iron pin at line of lands now or for- Lisa Marie Coyne, Editor SWORN-TO AND SUBSCRIBED before me this 14 day of November, 20 8 C Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 JPMORGAN CHASE BANK, N.A., Plaintiff V. C. ROBERT GREENE, Defendant. :COURT OF COMMON PLEAS :CIVIL DIVISION CUMBERLAND COUNTY :NO. 08-2841-CIVIL TERM SUGGESTION OF BANKRUPTCY Defendant, C. Robert Greene, shows he has filed a petition for relief under Title 11, United States Code, in the United States Bankruptcy Court for the Middle District, Jacksonville Division that has been assigned case number 3:09-bk-07033 and relief was ordered on August 21, 2009 and suggests this action has been stayed by the operation of Title 11 U. S. C. S 362. The undersigned certifies that copy hereof has been furnished to JPMorgan Chase Bank c/o Phelan Hallinan & Schmieg, LLP, 1617 JFK Blvd., Ste. 1400, Philadelphia, PA 19103 by mail on August 24, 2009. Al A. Cheneler 2265 Lee Road, Suite 125 Winter Park, FL 32789 (407) 628-2804 FBN: 0512801 Attorney for Defendant OF Tr, 'ITA 9 AU13 28 Fi l 2% J y