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HomeMy WebLinkAbout09-2592J/ Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 -4aime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 199722 CHASE HOME FINANCE, LLC, SB/M CHASE MANHATTAN BANK, USA, N.A., A/K/A CHASE BANK, USA, N.A. 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 Plaintiff V. GERALD A. ALTER KIMBERLY L. ALTER 302 THOMAS DRIVE MECHANICSBURG, PA 17050-3063 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM P?'/ / NO. 0- a73?/a CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 199722 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 (717) 249-3166 File #: 199722 1. Plaintiff is CHASE HOME FINANCE, LLC, SB/M CHASE MANHATTAN BANK, USA, N.A., A/K/A CHASE BANK, USA, N.A. 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 2. The name(s) and last known address(es) of the Defendant(s) are: GERALD A. ALTER KIMBERLY L. ALTER 302 THOMAS DRIVE MECHANICSBURG, PA 17050-3063 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/28/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1999, Page 1898. 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2008 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 #: 199722 6 The following amounts are due on the mortgage: Principal Balance $183,827.47 Interest $10,065.50 10/01/2008 through 04/23/2009 (Per Diem $49.10) Attorney's Fees $1,300.00 Cumulative Late Charges $1,336.58 06/28/2007 to 04/23/2009 Property Inspections $28.00 Appraisal/Brokers Price Opinion $250.00 Non Sufficient Funds Charge $20.00 Cost of Suit and Title Search 750.00 Subtotal $197,577.55 Escrow Credit $0.00 Deficit $0.00 Subtotal $0.00 TOTAL $197,577.55 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 File #: 199722 discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $197,577.55, together with interest from 04/23/2009 at the rate of $49.10 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: A I" %) I 3? ( La ence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorneys for Plaintiff File #: 199722 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Hampden, in the county of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the western line of Thomas Drive, a distance of 92.5 feet North of the Northwest corner of the intersection of Thomas Drive and Virginia Road, also being at the dividing line between Lots Nos. 32 and 33 on the hereinafter mentioned plan of lots; thence South 84 degrees 32 minutes West along same, a distance of 112.90 feet to a point at the dividing line between Lots Nos. 31 and 33, Block'D' on said plan; thence North 43 degrees 09 minutes West along same, a distance of 41.07 feet to a point; thence North 05 degrees 28 minutes West, a distance of 32.5 feet to a point at the dividing line between Lots Nos. 34 and 33, Block 'D', on said plan and thence North 84 degrees 32 minutes East along same, a distance of 138 feet to a point on the western line of Thomas Drive; and thence southwardly along same, a distance of 65 feet to a point, the place of BEGINNING. BEING Lot No. 33, Block'D' on Plan No. 5 of Del-Brook Manor, said plan being recorded in Plan Book 12, page 37, Cumberland County Records. HAVING thereon erected a single family dwelling known and numbered as 302 Thomas Drive, Mechanicsburg, Pennsylvania. IT BEING the same tract of land which Michael J. Bucknam and Laura S. Bucknam, husband and wife, by deed dated November 15, 2002 and recorded in the Recorder of Deeds File #: 199722 Office of Cumberland County, Pennsylvania in Record Book 254, page 3062, granted and conveyed unto Cory W. Johnson and Michelle A. Johnson, husband and wife, Grantors herein. PARCEL NO.: 10-21-0279-307 ADDRESS: 302 THOMAS DRIVE File #: 199722 VERIFICATION I hereby states that I am the attorney for the 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 unsworn falsifications to authorities. Attorney for Plaintiff DATE: File #: 199722 x'274rJ is AM Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC Plaintiff VS. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-2592 GERALD A. ALTER CUMBERLAND COUNTY KIMBERLY L. ALTER Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE PHS #: 199722 TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Atto ey for Pl ff By: Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Date: 6-3-09 PHS #: 199722 46 VERIFICATION Beth Cottrell hereby states that he/she is Assistant Secretary of CHASE HOME FINANCE, servicing agent for Plaintiff, CHASE HOME FINANCE, LLC, 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, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: 57 C/ I a06S Loan: 26734731 File #: 199722 Alter t'r. (4)W.17t)JO Name: Beth Cottrell Title: Assistant Secretary Company: CHASE HOME FINANCE RECEIVED MAY 0 1200 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC Plaintiff VS. GERALD A. ALTER KIMBERLY L. ALTER Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 09-2592 CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: GERALD A. ALTER 302 THOMAS DRIVE MECHANICSBURG, PA 17050-3063 KIMBERLY L. ALTER 302 THOMAS DRIVE MECHANICSBURG, PA 17050-3063 Phelan Hallinan & Schmieg, LLP Attorney for Plainti By:? ~ Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Date: 6-3-09 FILED-OFFICE OF THE PROTHOMARY 2009 JUN -5 PM 3: 51 ?NTY PENIN'S 3 L Alf',11 Sheriffs Office of Cumberland County R Thomas Kline ?.°040 et Cumber", Edward L Schorpp Sheri Am.,Jody 7t Solicitor v91- Ronny R Anderson "' S Smith Chief Deputy OFFICE OF THE SKRIF ° Civil Process Sergeant Chase Home Finance LLC vs. Case Number Gerald A. Alter 2009-2592 SHERIFF'S RETURN OF SERVICE 04/28/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Gerald A. Alter, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 04/28/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Kimberly L. Alter, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 05/07/2009 York County Return: And now, May 7, 2009 I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Kimberly L. Alter the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find her in the County of York and therefore return same NOT FOUND. 05/07/2009 York County Return: And now, May 7, 2009 I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Ger Id A. Alter the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of York and therefore return same NOT FOUND. 05/08/2009 05:10 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 30, 2009 at 1710 hours, he served a true copy of the within Complaint in Mortgage Foreclosurte, upon the within named defendant, to wit: Gerald A. Alter, by making known unto himself personally,', defendant at 302 Thomas Drive Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents! and at the same time handing to him personally the said true and correct copy of the same. 05/08/2009 05:10 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 30, 2009 at 1710 hours, he served a true copy of the within Complaint in Mortgage Foreclosu e, upon the within named defendant, to wit: Kimberly L. Alter, by making known unto Gerald Alter, hus and of defendant at 302 Thomas Drive Mechanicsburg, Cumberland County, Pennsylvania 1705 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $62.90 SO ANSWERS, June 15, 2009 R THOMAS KLINE, SHERIFF o}°? put4Seriff Li . may' jt c 1 OF 2 COUNTY OF YORK OFFICE OF THE SHERIF n ERVIC 1-9601 V (717)771-9601 45 N. GEORGE ST., YORK, PA 17401 6 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1 PLAINTIFFIS/ CHASE HOME FINANCE 2 COURT 10 3. DEFENDANTIS! 4. TYPE OF WRIT OR COMPLAINT GERALD A. ALTER AND KIMBERLY L. ALTER CIMOkTM ORECLOSURE SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD GERALD A. ALTER 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY. BORO. P. S TE AND ZIP ODE) AT J-i49--e t 7. INDICATE SERVICE U PERSONAL N PERSON IN CHARGE U DEPUTIZE '.] CERT IL U 1 ST CLASS MAI U POSTED U OTHER NOW APRIL 28, 2009 20 I, SHERIF OUNTY, PA, do reby deputize the sheriff of YORK COUNTY to execute? I ake return -according to law. This deputization being made at the request and risk of the plaintiff., SHERIFF OF MK-COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. PHELAN, HALLINAN, AND SCHMIEG LLP OUT OF CO CUMBERLAND ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 ADV FEE PAID BY ATTY. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any kiss, destruction. or removal of any property before sheriffs sale thereof. 9. TYPE ?E and ADDRESS of ATTORNEY/ ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11 DATE FILED i- -- /I 215-563-7000 4/23/09 Jgp?tC /If Y nr t! SS ?, -C %/l ?? '7013!Y 12. SEND NOTICE OF SERVICE COPY TO NAME "D ADDRESS BELOW: (This area must be completed rt notice is to be mailed) 4-27-09 1 COURTHOUSE SQUARE, ROOM 303 r1A nT T c T ? na 1 ?7n1 CUMBERLAND CO SHERIFF 5PAm BELQW oR US1E of T11E SHERIFF DO NOT WRITE OW TM LW 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 ExpiralkWHearing Date or cornplaint as indicated above. MJ MCGILL YCSO 4-30-09 5-27-09 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Time of Service 21. ATTEMPTSI Dale I Time LNhks jr" Dale I Zjme I Mlles Is ITIt?Wate I Time I Miles I Int I Date I Time I Miles I Int. I Date I Time I Miles I Int. 1 Dale Time Miles Int 22. REMARKS: MOVED, PF'•F? I-CS T CFFICE CRECK, NCyT KNM-E AT ADDF:ESS GIIVI!3ti., 23 Advance Costs 1 100.00 24 Service Costs •? 25. N!F 26 Mileage 77 27 Postage 28 Sub Total d 29. Pound 30 Notary r? O 31. Surchg. 32. Tot. Costs ./Q 33 Costs Due efund Check No 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37. Notary Cert. 38. Mileage/Postage/Not Found 39 Total Costs 40 Costs Due or Refund 41 AFFIRMED to r m lh- SO ANSWERS . e y 42. day of L i 44. Signature of Dep. Sheriff 45. DATE rMY /NOTARY Lim? _ ( b nTr, "'UGLIC 1 r)F Y ? RYAr NTY MY Cd hAP tl 46. Signature of Y CountySheriR RICHARD P. KEUERLEBER, SHERIFF 47. DATE 6-11-09 . V Y RESA 12, 2009 48 Signature of Foreign 49 DATE - County Shenff ra ??nn awnnivnc I51. UA It KLGLIVLU OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY -Sheriffs Office 4. BLUE - Sheriff's Office 19 I 2 of 2 COUNTY OF YORK / U 11. OFFICE OF THE SHERIFF S(E717)771-%01 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN CHASE HOME FINANCE NUMBER 3. DEFENDANT/S/ a TYPE OF WRIT OR COMPLAINT GERALD A. ALTER AND KIMBERLY L. ALTER NOTICE, CIMF MORTGAGE FORECLOSURE SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED. OR SOLD KIMBERLY L. ALTER 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY. BORO. TWP. STATE AN IP CODE) AT 7. INDICATE SERVICE U PERSONAL PERSON IN CHARGE U DEPUTIZE J CERT MAIL t T CLASS MAIL U POSTED LJ OTHER NOW APRIL 28. 2009 20 I, SHERIFF OUNTY d reby deputize th sheriff of YORK COUNTY to execute thi th r ng to law. This deputization being made at the request and risk of the plaintiff. SHERIFF OF YORK CIOUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICEOUT OF CO CUMBERLAND PHELAN, HALLINAN, AND SCHMIEG LLP ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 ADV FEE PAID BY ATTY. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property'under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sate thereof. 9. TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11 DATE FILED G 12. SEND NOTICE OF SERVICE COPY TO NAME AND A 1 COURTHOUSE SQUARE, ROOM 303 `7? lQJ?9- 50/4?/ I 215-563-700b 4123 (This area must be completed d notice is to be mailed) 4-27-09 2WA4;L t11 LUW FW Ybt UPiii mlkmFr -? i407F 1111 ,V ILWft 13 I acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as irMinted above. MJ MCGILL YCSO 4-30-09 5-27-09 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 18.- NAME AND TITLE OF INDIVIDUAL SERVED I LIST ADDRESS MERE IF NOT SHOWN ABOVE (Relationship to Defendant) 1 19. Dale of Service 1 20 Time of Service 21. ATTEMPTSI Dale I Time 22. Date I Time I Miles I Int 1 Date I Time I Miles I Int. I Date I Time I Miles I Int. 1 Date I Time I Miles I Int. MOVED, PER FOIST OFF'TCE: C'L-1!CI<, NUT KNC%N AT ADDRESS GIVEN 23. Advance Costs 24 Service Costs 25 N!F 26. Mileage 27 Postage 28. Sub Total 29. Pound J 30 Notary 31 Surchg. 31 Tot. Costs 33 Costs Due or Refund Check No U. Foreign County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert. 38. Mileage/Postage/Not Found 39. Total Costs 40 Costs Due or Refund SO ANSWERS 41. AFFIRMED and subscribed to a me thi t4. Signature of 45. DATE ?frA .,,, (?? 42. day of , MC'? L Dep. Sheriff 46. Signature of York f ? ? 7. DATE NOTAR?ALS AL County Sherill , /j / LISAL. e^V'N1?x.IV, INOTAPYPUBLIC RICHARD P. KEUERLEBER, S FF 6-11-09 CITY OF YORK COUNTY 46 Signature of Foreign 49 DATE MY COMIMISSI DN EXPIRES AUG. 12, 2009 County Sheriff 50. 1 ACK IGNATURE 51 DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Isswng Authority 2. PINK - Attorney 3. CANARY - Sheriffs Otrrce 4. BLUE - Sherdrs Office o? ATTORNEY FILE COP PLEASE RETURN Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. FILE COPS Joshua 1. Goldman, Esq., Id. No. 2 RETURN Courtenay R. Dunn, Esq., Id. No. 20 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC VS. GERALD A. ALTER KIMBERLY L. ALTER Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS . CIVIL DIVISION : No. 09-2592 =ORW FiE COP` PLEASE RETURN PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against GERALD A. ALTER and KIMBERLY L. ALTER, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $197,577.55 Interest - 04/24/2009 to 07/07/2009 $3,682.50 TOTAL $201,260.05 I hereby certify that (1) the Defendants' last known address is 302 THOMAS DRIVE MECHANICSBURG, PA 17050-3063, and (2) that notice has been given in accordance with Rule 237.1, copy attached. I , n _ By: L--. Lawre e . P elan, Esq., d. No. 32227 Fran s S. Hall an, Es , d. No. 62695 Daniel G. Schmieg, sq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 ''Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: _-7 4C PHS # 199722 PROTHONOTARY Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC VS. GERALD A. ALTER KIMBERLY L. ALTER Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-2592 VERIFICATION OF NON-MILITARY SERVICE The undersigned Attorney hereby verifies that she/he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, she/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 it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant GERALD A. ALTER is over 18 years of age and resides at 302 THOMAS DRIVE, MECHANICSBURG, PA 17050-3063. (c) that defendant KIMBERLY L. ALTER is over 18 years of age and resides at 302 THOMAS DRIVE, MECHANICSBURG, PA 17050-3063. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. By: Lawre e T. helan, Es , Id. No. 32227 Fra is S. Ha q., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 -'Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff CHASE HOME FINANCE LLC V. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-2592 GERALD A. ALTER KIMBERLY L. ALTER Defendant(s) TO: GERALD A. ALTER 302 THOMAS DRIVE MECHANICSBURG, PA 17050-3063 DATE OF NOTICE: June 24, 2009 CUMBERLAND COUNTY 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 APPERANCE 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. PHS # 199722 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Lawrence T. Phelan, Esq., Id. Flo. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Shee R. Shah-Jani, Esq., Id. No. 81760 J me R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 199722 CHASE HOME FINANCE LLC V. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-2592 GERALD A. ALTER KIMBERLY L. ALTER Defendant(s) TO: KIMBERLY L. ALTER 302 THOMAS DRIVE MECHANICSBURG, PA 17050-3063 DATE OF NOTICE: June 24, 2009 CUMBERLAND COUNTY 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 APPERANCE 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. PHS # 199722 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 By: ence 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 She tal R. Shah-Jani, Esq., Id. No. 81760 I __ne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 PHS # 199722 r Cut Pba 01 Cwt r????i? ?c? erns (Rule of Civil Procedure No. 236) - Revised CHASE HOME FINANCE LLC VS. GERALD A. ALTER KIMBERLY L. ALTER 302 THOMAS DRIVE MECHANICSBURG, PA 17050-3063 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : No. 09-2592 Notice is given that a Judgment in the above captioned matter has been entered against you on 7&.16 1 -- By: If you have any questions concerning this matter, By: Lawr ce T. helan, E ., Id. No. 32227 Fra cis S. Ha ' , sq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 iJoshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA YE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONL Y ENFORCEMENT OFA LIENAGAINST PROPERTY. ** SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor Chase Home Finance LLC vs. Gerald A. Alter (et al.) SHERIFF'S RETURN OF SERVICE Case Number 2009-2592 09!24/2009 07:05 PM -Michael Garrick, Deputy Sheriff, who being duly sworn according to law, states that on 9-24-09 at 1902 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Gerald A. Alter & Kimberly L. Alter, located at, 302 Thomas Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. 09/30/2009 04:10 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 9-30-09 at 1610 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Kimberly L. Alter, by making known unto, Kimberly L. Alter, personally, at, 302 Thomas Drive, Mechanicsburg, Cumberland County, Pennsylvania it: contents and at the same time handing to her personally the said true and correct copy of the same. 09/30/2009 04:10 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 9-30-09 at 1610 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Gerald A. Alter, by making known unto, Kimberly L. Alter, adult in charge, at, 302 Thomas Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 12/07/2009 Property sale postponed to 2/3/2010. 01/29/2010 Property sale postponed to 4/7/2010. 04/06/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Schmieg on 4!6/10 SHERIFF COST: $696.85 SO ANSWERS, -- April 06, 2010 RONNY R ANDERSON, SHERIFF da. s~~ ~d S' c ~ tis'zo~ ~,~-auo s~~° - _ F-~ ; ~..~ - - ....7,J ~~~ ~t ., ~ ~ ~ ~,,,r,, ~ p~ ^, . v~iJ; CHASE HOME FINANCE, LLC, SB/M CHASE MANHAT.'~AN SANK, USA, N.A., A/K/A CHASE BANK, USA, N.A. ~. .. Plaintiff, v. GERALD A. ALTER KIMBERLY L. ALTER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.09-2592 AFFIDAVIT PURSUANT TO RULE 3129.1 CHASE HOME FINANCE, LLC, SB/M CHASE MANHATTAN BANK, USA, N.A., A/K/A CHASE BANK, USA, N.A., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 302 THOMAS DRIVE, MECHANICSBURG, PA 17050-3063 . 1. Name and address of Owner(s) or reputed Owner(s): Name GERALD A. ALTER KIMBERLY L. ALTER Address (if address cannot be reasonably ascertained, please indicate) 302 THOMAS DRIVE MECHANICSBURG, PA 17050-3063 302 THOMAS DRIVE MECHANICSBURG, PA 17050-3063 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 Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be effected by the sale. Name • ' • ~ Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Address (if address cannot be reasonably ascertained, please indicate) 302 THOMAS DRIVE MECHANICSBURG, PA 17050-3063 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13"' 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 state herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification o ~ thorities. August 24, 2009 DATE ^ wrence T. Phelan, Esq., Id. No. 32227 ^ F ands S. Hallinan, Esq., Id. No. 62695 ~aniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215)563-7000 CHASE HOME FINANCE, LLC, SB/M CHASE MANHATTAN BANK, USA, N.A., A/K/A CHASE BANK, USA, N.A. Plaintiff, v. GERALD A. ALTER KIMBERLY L. ALTER Defendant(s). CUMBERLAND COUNTY No. 09-2592 August 24, 2009 TO: GERALD A. ALTER 302 THOMAS DRIVE MECHANICSBURG, PA 17050-3063 KIMBERLY L. ALTER 302 THOMAS DRIVE MECHANICSBURG, PA 17050-3063 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at 302 THOMAS DRIVE, MECHANICSBURG, PA 17050-3063, is scheduled to be sold at the Sheriffs Sale on DECEMBER 9, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $ obtained by CHASE HOME FINANCE, LLC, SB/M CHASE MANHATTAN BANK, USA, N.A., A/K/A CHASE BANK, USA, 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. 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 X215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the 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 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Hampden, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the western line of Thomas Drive, a distance of 92.5 feet north of the northwest corner of the intersection of Thomas Drive and Virginia Road, also being at the dividing line between Lots Nos. 32 and 33, on the hereinafter mentioned Plan of Lots; thence South 84 degrees 32 minutes West along same, a distance of 112.90 feet to a point at the dividing line between Lots Nos. 31 and 33, Block'D' on said Plan; thence North 43 degrees 09 minutes West along same, a distance of 41.07 feet to a point; thence North OS degrees 28 minutes West, a distance of 32.5 feet to a point at the dividing tine between Lots Nos. 34 and 33, Block'D' on said Plan; thence North 84 degrees 32 minutes East along same, a distance of 138.00 feet to a point on the western line of Thomas Drive; and thence southwardly along same, a distance of 65.00 feet to a point, the place of BEGINNING. BEING Lot No. 33, Block'D' on Plan No. 5 of Del-Brook Manor, said Plan being recorded in Plan Book 12, Page 37, Cumberland County Records. HAVING THEREON ERECTED a single family dwelling known and numbered as 302 Thomas Drive, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES VESTED IN Gerald A. Alter and Kimberly L. Alter, h/w, by Deed from Cory W. Johnson and Michelle A. Johnson, h/w, dated 06/28/2007, recorded 07/11/2007 in Book 280, Page 4609. PREMISES BEING: 302 THOMAS DRIVE, MECHANICSBURG, PA 17050-3063 PARCEL NO. 10-21-0279-307 WRIT OF EXECUTION and/or ATTACHMENT COMM~JNWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-2592 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE, LLC, S/B/M CHASE MANHATTAN BANK, USA, N.A. A/K/A CHASE BANK, USA, N.A., Plaintiff (s) From GERALD A. ALTER AND KIMBERLY L. ALTER (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 $201,260.05 L.L. $.50 Interest FROM 7/8/09 TO 12/9/09 (PER DIEM - $33.08) - $5,127.40 Atty's Comm % Due Prothy $2.00 Atty Paid $181.90 Plaintiff Paid Other Costs Date: AUGUST 25, 2009 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN &SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 ~. ~ Curtis .Long, Prothon t By: Deputy Supreme Court ID No. 62205 Real Estate Sale # On September 14, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 302 Thomas Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 14, 2009 By: Rea ~~ Estate Coordinator `~ '! ~ _ ~. O - J~ ~~ ~~' ~_-.~-~_ E; ~,, :~~ ; , `}~' ~~ 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 23, October 30 and November 6, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Writ No. 2009-2592 Civil Chase Home Finance, LLC, s/b/m Chase Manhattan Bank, USA, N.A., a/k/a Chase Bank, USA, N.A. vs. Gerald A. Alter Kimberly L. Alter Atty: Daniel Schmieg By virtue of a Writ of Execution No. 09-25 92, CHASE HOME FINANCE, LLC, s/b/m CHASE MANHATTAN BANK, USA, N.A., a/k/aCHASEBANK, USA, N.A. vs. GERALD A. ALTER and KIMBERLY L. ALTER, owners of property situate in the TOWNSHIP OF HAMPDEN, Cumberland County, Pennsylvania, being 302 THOMAS DRIVE, MECHANICSBURG, PA 17050-3063. Parcel No. 10-21-0279-307. Improvernents thereon: RESIDEN- TIAL DWELLING. r~~_ L' arie Coyne, Edit SWORN TO AND SUBSCRIBED before me this 6 da of November 2009 L~ K:.1/ Notary NOiARIAL~ SEAL DEBORAH A COLLlNS No!ary Public CARLISLE BORO, CUB,^,BERLAND COUNTY My Commission Expires Apr 28, 2010 . The Patriot-News Co. 812 Market St. I~arrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ~e pahiot 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 Leslie Kramer, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/23/09 Writ No. 2009.2t-92 Clvll Term 10/30/09 Chase Horns Finance, tLC, S/B! 11 /06/09 AA Chase Manhattan Bank, USA, N.A., A/tVA ..._. ,sue Chase Hank, USA, N.A. ~x~~~ ~' 1 ~ ~-'' vs ~ ......... - . .........~ t.~'J..... . Caprakt A. Altsr f ,. Kimberly L, Alter Atty: Daniel9chmleg ~ Sworn to a,Ad subscribed before mg this 16 d y of,November, 2009 A.D. By virtde of a Writ of Execution No: 09.25 92 ` , . ~ t CHASE HOME FINANCE, " LLC> SB/M f CHASE MtWHA'(TAN BANK, USA, N,A., A/ _ 1 ~ a ;- t _ ~ ~ ' • ~ ~_._ ~ ~--//_ 6 ~, K/A >~NC,,USA,N:A. ~~ Notary Public ~.- <~ CrBlt~ttt ~ ~ ~ ~ L. CQRR4V'CNWEP.LT3i OF PENNSYLVANIA ALT~Ii ovrnerEF) of pcapaay situ~k m the ~..,- _ . . TOWNSHIP 'OF HAMPDEN, Cumberland ^?nt~~itrl U'~"3I County, Pennsylvania, being (Municipality). Sh~rr,e 1... iLis+ er, fS~tary R3~~,li~ 302 THOMAS DRIVE, MECHANICSBURG, Ciky C>f # ~c:rrisEsa;ra, Il)~IJk~hid9 C+~.;rtty PA 17050-3063 Parcel No. 10-21-0274-307 nny CGPi1R7i~~ian I:x~ir~w NoV. 26, 2011 (Acreage a street address) Improvements Member, Pennsyivania F,; scciation of Notaries thereon: RESIDENTIAL DWELLING PLAINTIFF CHASE HOME FINANCE LLC AFFIDAVIT OF SERVICE (FNMA) CUMBERLAND COUNTY PHS # 199722 DEFENDANT GERALD A. ALTER KIMBERLY L. ALTER SERVICE TEAM/ lace COURT NO.: 09-2592 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: 12/08!2010 C ? 3 0 p--- a C3 ^ ' C'3 3'*l , C-) CD } w ---4m rv I> ::a ".j SERVE KIMBERLY L. ALTER AT: 302 THOMAS DRIVE MECHANICSBURG, PA 17050-3063 SERVED Served and made known to KIMBERLY L. ALTER _, Defendant on the )'&tiay o17S td6.A, 20 1O , at (? ...I , o'clock. M., at 3AI TjOA ?L? Mtsi P1,tin the manner described below: _ Defendant personally served. Adult family member ith whom Defendant(s) reside(s). Relationship is XS R"D _ Adult in charge of Defendant'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 office or usual place of business. an officer of said Defendant's company. Other: Description: Age 40 s Height weight 170 Race W Sex 't Other I, R ? 1? M1 a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this 12f4day KIMBERLY CURTY 4gl NOTARY PUBLIC ST ATE OF NfEw JERSEY NOT SE MY C iSSiON EXPIRES MARCH 7, 2013 , 20 , at o'clock . M., Defendant because: ot Exist T Moved _ Does Not Reside (Not Vacant) No Answer on at at _ Service Refused Other: Sworn to and subscribed before me this day of . By: Notary: ATTORNEY FOR PLAINTIFF Lawmwe T. ftd w Faq., td. No. 32W Framb S. "bias, Ell, It N. Gam D wW G. Sdwdeq, &q., K Nw 62M5 Mkbde M. Wa fad, Esq, Id. No. 69649 JS"T. Raarao, Eaq, K No. 58745 sbeml R Sbdr)aai, Eaq, Id N.8170 Jaffe R. Davey, Esq.,, bL N06 "" Lawn R. Tabae, Fsq, Id. Nw 93337 Vbdc Sdvadsn, Feq, Id. N& 20M Jay & Jose, EW bL Nw 86657 peter J. Makahy, Fsq,1& No. 69791 Asdnw L Spiva* &q, id. No. U439 Jaioe McGaiwra, Eaq., Id. 14L 90934 cbdeowshmkP.data,Fsry,bLr4L" M Jasbaa L Gotlms, BaF, A Na. 205047 Cmrkmy R Dw, &q, It No. MM Aslmv C BeasMdrI Fw. Id. No. 208375 1617 ida Kessedy a1d, 8-M 141400 PMbd*Mn, PA 19/031814 (215) 5637000 PLAINTIFF CHASE HOME FINANCE LLC AFFIDAVIT OF SERVICE (FNMA) CUMBERLAND COUNTY PHS # 199722 DEFENDANT GERALD A. ALTER KIMBERLY L. ALTER SERVE GERALD A. ALTER AT: 302 THOMAS DRIVE MECHANICSBURG, PA 17050-3063 SERVICE TEAM/ lac COURT NO.: 09-2592 M C) "r't MIX rrj C/7 'rT1 M r " Ur tl O C (D CD .--4c:) -n CD C-- 77 tt w 7 TYPE OF ACTION XX Notice of SberlWs Sale SALE DATE: 12AWMI0 SERVED Served and made known to _ GERALD A. ALTER , Defendantyon the 1.-''"day of 20 -10, at t ? , o'clock A. M., at &1 "famhs Dit, l Fc'AMiC5&-* the manner described below: _X[ Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant'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 office or usual place of business. an officer of said Defendant's company. _ Other: _ Description: Age !405 . Height !5 it Weight 176 Race W Sex A Other I, Z)VA-[,b - /WJ LL , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and sub+^scs'bed (t[[V($ERLY CORTY before me this i h7? day of Pf 20(, '1?1 0, NOTARY PUBLIC STATE Not Y L COMM SS O EXP RES MARCH 1, 2013 NOT SERVED _ the of 20_, at - o'clock _. M., Defendant NOT FO because: a Does Not Exist _ Moved - Does Not Reside (Not Vacant) o Answer on at at Service Refused Other. Sworn to and subscribed before me this day of -? By: Notary: ATTORNEY FOR FLALVTIFF I.aw'eooeT. Pbdas, Fat, Id. Ns. 32727 Frearis 3. Hades, 039-. Id. !M. 62(85 add G. sa a i", Eq., M. No. 62795 MMIMe M. llowWW , Fiq, bL No. MO Jed10 7. Awaaa,, Eat, I& No. 58765 SbeenlBtb Wbai,En.,bLN.M760 Jobe A avw, E.t, K Na 8744! Loam A Tabu, Dii., bL No, 93337 Vi. k8d.Mara, Fat,Id.No. 787331 Jay & Jsa, Fe9, )d. Ne. 86W Merl MWaby, E00& Na 61791 Aediew L $pi.ady Rat. M. No. 84439 Jab¦e McGebrse, Faq, K Ne. MOM Clntoo.ebale P. Fl e6ca, Esq., Id. No. %M Jabw L GaWaae, Fat, M No. 205M7 Coenesy R. Dean. &t, bJ. No.2UM Aedmw G EneabbOL_ ?}. K No. 208375 1617.1o?bn CaAw ayrOEebsdaa,e5=440 Pbibddphia, PA 19103.1814 (215)S6y70N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS V GERALD A. ALTER KIMBERLY L. ALTER Defendant(s) CIVIL DIVISION No.: 09-2592 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 C COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known, interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) andfo °erfi ie ail Return Receipt stamped by the U.S. Postal Service is attached here xhibit,,,:? ti ?u 3 L Lawre T. Phelan, Esq., Id. No. 32227 ? Fra is - . Hallinan, Esq., Id. No, 62695 ? D ie . Schmieg; Esq.; Id. No. 62205 ? N%efelc M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Janis Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R.,,Tabas, Esq., Id. No. 933,37 ?, Vivek ivastava, Esq., Id. No. 202331 ? Jay Jones, Esq., Id. No. 86657 ? ter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq,, Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalanite P. HiAos, Esq., Id. No. 94620 ?.Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Gunn; Esq., Id. No. 206779 ?,Andrew C. Branblett, Esq., Td. No. 208375 _ Attorney for Plaintiff Date : IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may niot be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 199722 i T U C r a C k? G C 4 b!J ? a? a 'C qY A ii NNW! rn '? 67 y C X0461 3pC3?dIZ WOMdO 1lbW oao lc? o o006 SZOnd s-ZLIZr ?? Z r ?. o ,zo ? ti (s 6 o nro¢ h3wiia x ' ? : '' •n ? t , s3 ' 'M ry7 U4 q e 2E, w: E o 't ._ V .D a,0 _. O .C rs 'O J C 5 O ? ? Fy m E d c`5 2A5 H, c v v ?' w a G O O Y v U y'N;w '.7 R..O .?j..h I >' q Q O O C' N rob' o '',,. b C?l . ' ? cn I W pu L rn -r. t I M ' W a F W W v ? a O o V C ?? W 0.' ?., ? ' Z' rt U °. F: 47 T1 k U U w i 4 1 !C o > U a m ? OdU ?? Vd , y..? > Pse ? d? wa^ a}"i atii'? W) aZ?? .G>> N ?? FO ca ? w ? d Ex .= c a n o a ? E Ca .? _,? C r7 a a o A d c? + . U a? U u . L4 N W O p O O. O w . Y" Vl ?/] 'C y 3 r7 O tT r z rO ?aU?U . US?atx ?°w X44, Zu 4 zU az c i f U i 7 OsE?? V E a N 7 C" i. 1 1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Chase Home Finance LLC vs. Gerald A. Alter (et al.) >k .,FC. E,4P- L ?GP?- _ _ ?I? ECI?-OFFICE %i }•IE P` FDC ?`HO NOiTAPY L2011 APR I i AM 10: 38, CUMBERLAND COUNTY PENNSYLVANIA Case Number 2009-2592 SHERIFF'S RETURN OF SERVICE 10/08/2010 11:04 AM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 10-08-10 at 1104 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Gerald A. & Kimberly L. Alter, located at, 30: Thomas Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. 10/08/2010 11:04 AM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 10-08-10 at 1104 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Gerald A. Alter, by making known unto.. Gerald A. Alter, personally, at, 302 Thomas Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 10/08/2010 11:04 AM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 10-08-10 at 1104 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Kimberly L.. Alter, by making known unto, Gerald A. Alter, husband of defendant, at, 302 Thomas Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 12/02/2010 As directed by Daniel G Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/2/2011 01/28/2011 As directed by Daniel G Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/6/2011 04/04/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Schmieg on 4/4/11. SHERIFF COST: $644.95 April 07, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ?- ?rsy C', GountySuite Stentl, relecs,,o.t. CHASE HOME FW"ANCE LLC Plaintiff V. GERALD A. ALTER KIMBERLY L. ALTER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-2592 CUMBERLAND COUNTY PHS # 199722 AFFIDAVIT PURSUANT TO RULE 3129.1 CHASE HOME FINANCE LLC, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 302 THOMAS DRIVE, MECHANICSBURG, PA 17050-3063. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) GERALD A. ALTER KIMBERLY L. ALTER 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 302 THOMAS DRIVE MECHANICSBURG, PA 17050-3063 302 THOMAS DRIVE MECHANICSBURG, PA 17050-3063 Address (if address cannot be reasonably ascertained, please so indicate) Name Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Address (if address cannot be reasonably ascertained, please indicate) New Cumberland Federal Credit Union 345 Lewisberry Road New Cumberland, PA 17070 New Cumberland Federal Credit Union 619 BRIDGE STREET C/O STEVEN HOWELL, ESQUIRE NEW CUMBERLAND, PA 17070 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be None reasonably ascertained, please indicate) . Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7.' Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: 1V tU11C TENANT/OCCUPANT Domestic Relations of Cumberland County AUUICSJ k11 CUUM55 UMMUI VC reasonably ascertained, please indicate) 302 THOMAS DRIVE MECHANICSBURG, PA 17050-3063 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. August 20, 2010 By: -5 ??oZ4 Atto or Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 CH A CF AQMV FIN A NrF. T .T ,f C nTTAT n1W VnX4X4 1N PTF A C Plaintiff : CIVIL DIVISION VS. : NO. 09-2592 GERALD A. ALTER CUMBERLAND COUNTY KIMBERLY L. ALTER Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: GERALD A. ALTER KIMBERLY L. ALTER 302 THOMAS DRIVE MECHANICSBURG, PA 17050-3063 * *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, 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 302 THOMAS DRIVE, MECHANICSBURG, PA 17050-3063 is scheduled to be sold at the Sheriff's Sale on 12/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $201,260.05 obtained by CHASE HOME FINANCE LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 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 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Hampden, in the county of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the western line of Thomas Drive, a distance of 92.5 feet North of the Northwest corner of the intersection of Thomas Drive and Virginia Road, also being at the dividing line between Lots Nos. 32 and 33 on the hereinafter mentioned plan of lots; thence South 84 degrees 32 minutes West along same, a distance of 112.90 feet to a point at the dividing line between Lots Nos. 31 and 33, Block'D' on said plan; thence North 43 degrees 09 minutes West along same, a distance of 41.07 feet to a point; thence North 05 degrees 28 minutes West, a distance of 32.5 feet to a point at the dividing line between Lots Nos. 34 and 33, Block'D', on said plan and thence North 84 degrees 32 minutes East along same, a distance of 138 feet to a point on the western line of Thomas Drive; and thence southwardly along same, a distance of 65 feet to a point, the place of BEGINNING. BEING Lot No. 33, Block'D' on Plan No. 5 of Del-Brook Manor, said plan being recorded in Plan Book 12, page 37, Cumberland County Records. TITLE TO SAID PREMISES IS VESTED IN Gerald A. Alter and Kimberly L. Alter, h/w, by Deed from Cory W. Johnson and Michelle A. Johnson, h/w, dated 06/28/2007, recorded 07/11/2007 in Book 280, Page 4609. PREMISES BEING: 302 THOMAS DRIVE, MECHANICSBURG, PA 17050-3063 PARCEL NO. 10-21-0279-307 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-2592 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE, LLC, Plaintiff (s) From GERALD A. ALTER and KIMBERLY L. ALTER (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 $201,260.05 L.L.; Interest from 7/8/09 to Date of Sale ($33.08 per diem) -- $17,168.52 Atty's Comm % Due Prothy $2.00 Atty Paid $ gOo.25 Plaintiff Paid Date: 8/24/10 Other Costs '2))'a'& David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: COURTENAY R. DUNN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 206779 On September 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA, Known and numbered as, 302 Thomas Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By: Real Estate Coordinator :4: ?e Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE the Patr*0t News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY 2009-2592 Civil Term This ad ran on the date(s) shown below: Chase Home Finance LLC 10/15/10 Vs s , Gerald Alter Kimberly L. After 10/22/10 Atty: Daniel G Schmieg By virtue of a Writ of Execution NO. 09-2592 CHASE HOME F - 10/29/10 INANCE LLC vs. ..... Y GERALD A. ALTER - KIMBERLY L. ALTER owner(s) of property situate in the TOWNSHIP OF Ham den C Sworn to and uE cribed before me this,xQ,day of November, 2010 A.D. p , umberland County, Pennsylvania, being (Municipality) 302 THOMAS DRI`?E, MECHANICSBURG , PA 17050-3063 Notary Public Parcel No.10.21-0219.307 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING -COMM- ONWE/4l TN JUDGMENT AMOUNT $201,260.05 OF NNSY`_?_ Nota" seat Sherrie L. Lower Paxton' NOtary Public l MY comrnlsyy? wP-, Dauphin County Memt r PPM ion E V4 NOV. 26, 2011 s Association of N otaries 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 22, October 29, and November 5, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. - " ?-' 1 -4- ? (??Vsa Marie Co , Editor SWORN TO AND SUBSCRIBED before me this 5 da of November, 2010 Notary F OTARIAL SEAL ORAH A COLLINS Notary Public UGH, CUMBERLAND COUNTY ion Expires Apr 26, 2014 ._ .?..: ?,,. ,? :_ ?; ??; _ e ?,.<??- CUMBERLAND LAW JOURNAL Writ No. 2009-2592 Civil Chase Home Finance LLC VS. Gerald A. Alter Kimberly L. Alter Atty.: Daniel G. Schmieg By virtue of a Writ of Execution NO. 09-2592, CHASE HOME FI- NANCE LLC vs. GERALD A. ALTER, KIMBERLY L. ALTER, owners of property situate in the TOWNSHIP OF Hampden, Cumberland County, Pennsylvania, being 302 THOMAS DRIVE, MECHANICSBURG, PA 17050-3063. Parcel No. 10-21-0279-307. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $201,260- .05. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-2592 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE LLC Plaintiff (s) From GERALD A. ALTER and KIMBERLY L. ALTER (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 $201,260.05 L.L. $ Interest from7/8/09 to Date of Sale ($33.08 per diem) - - $26,199.36 Atty's Comm % Due Prothy $2.00 Atty Paid $1,577.20 Plaintiff Paid Date: 51'1/ 11 Other Costs (Seal) REQUESTING PARTY: Name: COURTENAY R. DUNN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD., SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 206779 Deputy PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CHASM; HOME H'1NANCE LLC Plaintiff COURTOF COMMON PLEAS v GERALD A. ALTER KIMBERLY L. ALTER Defendant(s) CIVIL DIVISION NO.: 09-2592 CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 07/08/2009 to Date of Sale ($33.08 per diem) TOTAL (1) ?d . 0%.4 %a4 -CO 01 U. ggS kit too Lt. -) S it,, `i P. so it w 1 y. 00% au.oo? " $201,260.05 $26,199.36 0 co c; . --A $227,459.41 cii: mA,tWr'_ney'for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Note: Please attach description of property. PHS # 199722 a4•vaa,. r 1 S 1 . av .n LL rt7 x'9!0 9 Af,,:t ^4 fls 7? z R i, Pt4 M M ? ? L V) O M O V O M ? O V O O O E wa Wwa. rz>C7 Q? E?>C7 Qp? a 0 ¢ V) V U J V y ¢ U C) ?' z ?xx z -' a Wx .d w N W ? N W d H wz Od C-0? W 'cn az az Oa ?H 0 O? ?z d O? V w W ? ?V V a a w u d z W w O .? x V > a w H n ad= d a b d a 4??., AQQW?p w C7 O E? U W i w? 0 L O w O? W ? W -b w 0 'n rn ? 00 C4 W) kr) 00 r- CD cs wl o cNNn N N r, 00 M M ON v z 0 p o? 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L L•' JI Jw a ??DI?D?DO?C7O?0? ?C?© , LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Hampden, in the county of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the western line of Thomas Drive, a distance of 92.5 feet North of the Northwest corner of the intersection of Thomas Drive and Virginia Road, also being at the dividing line between Lots Nos. 32 and 33 on the hereinafter mentioned plan of lots; thence South 84 degrees 32 minutes West along same, a distance of 112.90 feet to a point at the dividing line between Lots Nos. 31 and 33, Block'D' on said plan; thence North 43 degrees 09 minutes West along same, a distance of 41.07 feet to a point; thence North 05 degrees 28 minutes West, a distance of 32.5 feet to a point at the dividing line between Lots Nos. 34 and 33, Block'D', on said plan and thence North 84 degrees 32 minutes East along same, a distance of 138 feet to a point on the western line of Thomas Drive; and thence southwardly along same, a distance of 65 feet to a point, the place of BEGINNING. BEING Lot No. 33, Block'D' on Plan No. 5 of Del-Brook Manor, said plan being recorded in Plan Book 12, page 37, Cumberland County Records. TITLE TO SAID PREMISES IS VESTED IN Gerald A. Alter and Kimberly L. Alter, h/w, by Deed from Cory W. Johnson and Michelle A. Johnson, h/w, dated 06/28/2007, recorded 07/11/2007 in Book 280, Page 4609. PREMISES BEING: 302 THOMAS DRIVE, MECHANICSBURG, PA 17050-3063 PARCEL NO. 10-21-0279-307 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC Plaintiff V. GERALD A. ALTER KIMBERLY L. ALTER Defendant(s) -H 0N0TiiK'I i rAy -9 AM 8: 58 Attorneys for Plaintiff U tBERLAND COUNTY COURT OF COMMON PLEAS PENNSYLVANIA CERTIFICATION : CIVIL DIVISION : NO.: 09-2592 : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By. Att hey for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 El?oshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 CHASt HOME FINANCE LLC COURT OF COMMON PLEAS Plaintiff L CIVIL DIVISION I H -3 AN 8-- 68 NO.: 09-2592 . GERALD A. ALTER CUMBERLAND COUNTY KIMBERLY L. ALTER PENNSYLVANIA Defendant(s) CUMBERLAND COUNTY PHS # 199722 AFFIDAVIT PURSUANT TO RULE 3129.1 CHASE HOME FINANCE LLC, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 302 THOMAS DRIVE, MECHANICSBURG, PA 17050-3063. Name and address of Owner(s) or reputed Owner(s): Name 2 3 GERALD A. ALTER KIMBERLY L. ALTER Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 302 THOMAS DRIVE MECHANICSBURG, PA 17050-3063 302 THOMAS DRIVE MECHANICSBURG, PA 17050-3063 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) New Cumberland Federal Credit Union New Cumberland Federal Credit Union C/O STEVEN HOWELL, ESQUIRE 4. Name and address of last recorded holder Name None. 345 LEWISBERRY ROAD NEW CUMBERLAND, PA 17070 619 BRIDGE STREET NEW CUMBERLAND, PA 17070 of every mortgage of record: Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA 302 THOMAS DRIVE MECHANICSBURG, PA 17050-3063 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: ?, \ By: i? Att ey for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 CHASE HOME FINANCE LLC : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. GERALD A. ALTER KIMBERLY L. ALTER : NO.: 09-2592 : CUMBERLAND C-UP'Y . Defendant(s) : -, f E NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ter" TO: GERALD A. ALTER , KIMBERLY L. ALTER r-) =C) ? r? 302 THOMAS DRIVE ' MECHANICSBURG, PA 17050-3063 - "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, 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 302 THOMAS DRIVE, MECHANICSBURG, PA 17050-3063 is scheduled to be sold at the Sheriffs Sale on 09/07/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the courtjudgment of $201,260.05 obtained by CHASE HOME FINANCE LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 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 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Hampden, in the county of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the western line of Thomas Drive, a distance of 92.5 feet North of the Northwest corner of the intersection of Thomas Drive and Virginia Road, also being at the dividing line between Lots Nos. 32 and 33 on the hereinafter mentioned plan of lots; thence South 84 degrees 32 minutes West along same, a distance of 112.90 feet to a point at the dividing line between Lots Nos. 31 and 33, Block'D' on said plan; thence North 43 degrees 09 minutes West along same, a distance of 41.07 feet to a point; thence North 05 degrees 28 minutes West, a distance of 32.5 feet to a point at the dividing line between Lots Nos. 34 and 33, Block'D', on said plan and thence North 84 degrees 32 minutes East along same, a distance of 138 feet to a point on the western line of Thomas Drive; and thence southwardly along same, a distance of 65 feet to a point, the place of BEGINNING. BEING Lot No. 33, Block 'D' on Plan No. 5 of Del-Brook Manor, said plan being recorded in Plan Book 12, page 37, Cumberland County Records. TITLE TO SAID PREMISES IS VESTED IN Gerald A. Alter and Kimberly L. Alter, h/w, by Deed from Cory W. Johnson and Michelle A. Johnson, h/w, dated 06/28/2007, recorded 07/11/2007 in Book 280, Page 4609. PREMISES BEING: 302 THOMAS DRIVE, MECHANICSBURG, PA 17050-3063 PARCEL NO. 10-21-0279-307 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 09-2592 CHASE HOME FINANCE LLC vs. GERALD A. ALTER KIMBERLY L. ALTER owner(s) of property situate in the TOWNSHIP OF Hampden, Cumberland County, Pennsylvania, being (Municipality) 302 THOMAS DRIVE, MECHANICSBURG, PA 17050-3063 Parcel No. 10-21-0279-307 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $201,260.05 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMorgan Chase Bank, National Association, CUMBERLAND COUNTY successor by merger to Chase Home Finance, LLC Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION GERALD A. ALTER No.: 09-2592 ? KIMBERLY L. ALTER u,r Defendant(s) -C c0 ?c:; C-) 330 = AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 1 zo C--h . COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certifie Mail Ref r Receipt stamped by the U.S. Postal Service is attached hereto llison F. Well , Esq., Id. No3095 Attome tiff Date: j? IMPORTA T NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. C." rn 8 C,•, r? , CD -n- or, PHS # 199722 EXHIBIT A ? O a bA ci 'U PQ U. xw ? alp LI U N U N •D ? z¢o w W Q con N C` 0 0 E"' y 9 i 0 O c c [ 0 c u •? ? LL M ?' 'y q c ,n Z H `n p O C O •C O h "' C+•• ? r• :cd ,?.? i •C ? A? ? O ?a O "? ?+ y y O CvJ ? C U? Q U? Q cry ? QI ? q 6? ., ° a+ ? CO a L Y QI Paz ?WW? II '" ? D ? ° a m ,.. o .?-? ate, ,°, vNi ° +-? C. ?-' r` Gk >•! w 3 Q a, L v? ?i U o r Q c o L7 U q -i ° CL v Q Q a? e.. q R c7 G?L tti `LI O Q 'C 0 y t:2 fn Gr W q z V] W r QHa cca?0. 3 yN a,'q a 7 a?'irAiaCl y?WR I. O E wNW o Ez i 6 c L yp oAd' Ua U pA?,CJ IC o M m o „G w +- o ,.v?vi voo 3 3 3 3 a z a?YO w .a z * -k x .x U_ ? * * •K •K Qi • ? .-.. N M ? Ittt ?U p v •S ? CY V V C Nom, _• w ? lL M1 rC ? v. t? y V „? Tl C) ,ri 4 U c ? N ri O y ti ? ? ttl 6 W ?3 p ?:G C C C .: w Gx U v R v r.'r cG Q; W E- 4 7' ° a E v Dp E a°. Qx ? U L? a0 w •, 0 z; a c f ° a v .a d A o .v H 0. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson 4 FILED-OFFICiE Sheriff ? OF THE PROTHOINOT4j" Jody S Smith Chief Deputy Richard W Stewart Solicitor h? OF G - c SNERIF? 1011 DEC 22 PM 2: 29 CUMBERLAND COUNTY PENNSYLVANIA Chase Home Finance LLC vs. Gerald A. Alter (et al.) Case Number 2009-2592 SHERIFF'S RETURN OF SERVICE 06/23/2011 05:17 PM - Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 302 Thomas Drive, Mechanicsburg, PA 17050, Cumberland County. 08/29/2011 As directed by Daniel G Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/5/2011 08/29/2011 Property sale removed from 10/5/2011 sale. 08/29/2011 As directed by Daniel G Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 11/2/2011 10/25/2011 As directed by Daniel G Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/4/2012 12/21/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $783.23 December 21, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF L 04"-t e e, oar- a G 1? r?-If cj Gountystlite Sheriff. Teleosoft. Inc. :~~~ s;~ ~'~2~T~i0N0'TA~~ Phelan Hallman & Schmieg, LLP 161'7 JFK Boulevard, Sane 1400 One Penn Center Plaza Phi~delphia, PA 19103 215-563-7000 Attorney For Plaintit~ ~ ~ ~~~ ~ ~ ~~ ~4, ~ Q -~~,~~BERI.AND CC1UN ~ P~hNSYLVANIA CHASE HOME FINANCE, LLC Plaintiff vs GERALD A. ALTER I{IlVIBERLY L. ALTER Defeadaat I Court of Common Pleas Civil Division ~ CUMBERLAND County I No.09-2592 PRAECIPF FOR VOLUNTARY SUBSTITUTION OF PARTY PLAIN'T'IFF PURSUANT TO Pa.R.C.P.. 2352 TO THE PROTHONOTARY: Kindly substitute JPMORGAN CHASE BANK, N.A. SB/M TO CHASE HOME LLC as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/BJM TO CHASE HOME FINANCE, LLC is successor to CHASE HOME FINANCE, by virtue of the corporate name change whereby CHASE HOME FINANCE, L now known as JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S~ TO CHASE HOME FINANCE, LLC. Kindly amend the information on the docket Hate: / 2 PHS # 199722 By: ~, John I Kolesnik, Esq., Id. No.308877 i~Attorney for Plaintiff 0-~~ ~ ~ ~ ~k~a ~~ is ,Pd a~ s~~4 gSy~i Phelan HaWnan & Schmieg, LLP Attorney For Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE, LLC Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County GERALD A. ALTER I~IMMBERLY L. ALTER No. 09-2592 Defendant TO THE PROTHONOTARY: Flease mark the judgment in the above-captioned matter to the use of JPMORGAN CHA E BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC, located at 10790 Ranch/o Bernardo Road, San Diego, CA 92127 Date: l6 ~2 PHELASi LLINAN & SCHII~IIEG, LLP By: cHA'ie Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff PHS # 199722 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC. Date: /~ Z PHELAN I~L,LINAN & SCI-IlwIIEG, LLP /~ ~~ gy;_ v John 'c .ael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff PHS # 199722 Phelan Hailinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE, LLC Plaintiff vs GERALD A. ALTER KIMBERLY L. ALTER Defendant Attorney For Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 09-2592 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe to mazk judgment to JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC and substitution of pazty plaintiff was served by regulaz mail to the person(s) on the date listed below: GERALD A. ALTER KIMBERLY L. ALTER 302 THOMAS DRIVE MECHANICSBURG, PA 17050-3063 Date: ~a-9L By: John chael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff PHS # 199722 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 09-2592 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE LLC Plaintiff (s) From GERALD A. ALTER, KIMBERLY L. ALTER (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: $201,260.05 L.L.: Interest FROM 7/8/2009 TO DATE OF SALE ($33.08 PER DIEM) - $41,250.76 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $2,388.93 Other Costs: Plaintiff Paid: Date: 8/20/2012 David Buell, Pr . (Seal) By: Deputy REQUESTING PARTY: Name: 30HN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE). P.RC.P. 3180-3183 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC Plaintiff v GERALD A. ALTER KIMBERLY L. ALTER Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 07/08/2009 to Date of Sale ($33.08 per diem) TOTAL COURT OF CIVIL DIVISION N0.:09-2592 CUMBERLAND $201,260.05 ~ a $41,250.76 ~~ ~~ rx $242,510.81 b~ 2~ ~o vc --~ c c~ N O a c~ ~~ Caljinan & Schmieg, LLP hael Kolesnik, Esq., Id. No.308877 for Plaintiff Note: Please attach description of property. PHS # 199722 Q a~~~a~~s~ ~ ~ ~a.qo Gi3~ s „ ~, apt, oo N o" a~. a ~ « O O k ~~ a~+~ ~a a a3~$. ~ PLEAS ~: ~~ C.: --f -rt ~=: r^ Ck..i~ Ial S937d ~a! ~~q U~4 ~.~-a ~q ssv r,~- v~ ~ .Tss U a a w zU d 0 W v 0 z 0 H U O z ~ w a d ~ o~ ~ w~ o a~ d Oa z o ~ w ~~ ~~a ~~ O~ ~ O a ~~ ~ ~i U 0 U W ~ w~ oQ x H~ ~~ H~~ ~ ~ ~ aa A~~ A . , aW ~ . C7 a M M ' b O O N O O ~ O O ~ ~ r >, ~ a v4 c7 c~ W a H > C7 ~ a~~ 4 ~ ¢A~ a ~ .~ v~ Q~~ .. v~r n ~~V h a~ Q¢ H ~ ~ ~ ~ x ~ Q w C7M~ xM~ 00 0 M 0 ;z ~b ~~ :~ 3w '~~ 3 ~ ' . ~ .~ a y ^L~ W .~ ~ ,~ ~ ^ o ~•~, ¢ w JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE Hf~1v~E FINANCE, LLC {-;: ~;p-ll~ ~1~t Plaintiff .'~ ~E~~:y~~~THQNDTA ~. GERALD A. ALTER KIMBERLY L. ALTER Defendant(s) ~;~~2 Luc 2a ~~ toy 2-~ ~UMBERL AND COUMT Y pENNSYLVAN{A COURT OF COMMON PLEAS CIVIL DIVISION NO.: 09-2592 CUMBERLAND 1 PHS # 199722 AFFIDAVIT PURSUANT TO RULE 3129.1 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC, above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the folio information concerning the real property located at 302 THOMAS DRIVE, MECHANICSBURG, PA 17050-3063. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) GERALD A. ALTER 302 THOMAS DRIVE MECHANICSBURG, PA 17050-3063 KIMBERLY L. ALTER 302 THOMAS DRIVE MECHANICSBURG, PA 17050-3063 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last lmown address of every judgment creditor whose judgment is a record lien on the real property to 1 Name Address (if address cannot be reasonably ascertained, please indicate) New Cumberland Federal Credit Union 345 Lewisberry Road New Cumberland, PA 17070 NEW CUMBERLAND FEDERAL CREDIT 619 BRIDGE ST UNION C/O STEVEN HOWELL, ESQ. NEW CUMBERLAND, PA 17070 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) in the sold: None. 6. Name and address of every other person who has any record interest in the property and whose interest may be aillected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Federal Building 302 THOMAS DRIVE MECHANICSBURG, PA 17050-3063 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my persc knowledge or information and belief. I understand that false statements herein are made subject to of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: ay: elf I~'iR[inan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 nev for Plaintiff which may penalties ' JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, COURT OF COMMON PLEAS SB/M TO CHASE HOME FINANCE, LLC . CIVIL DIVISION Plaintiff N0.:09-2592 vs. GERALD A. ALTER CUMBERLAND COU Y KIMBERLY L. ALTER --~ ~ t ~, ,, Defendant(s) c `= __ ~~ G G`~ ~'°:: 'TJ f"T-1 ~l NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ~'"., o ~ ~' 2 ~~ ~ ry '`'S V~~ TO: GERALD A. ALTER v c-? ~ x ~., KIMBERLY L. ALTER x c ~? x> ° ~' 302 THOMAS DRIVE ~~.' MECHANICSBURG, PA 17050-3063 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION O TAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN B UPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT NLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 302 THOMAS DRIVE, MECHANICSBURG, PA 17050-3063 is eduled to be sold at the Sheriff s Sale on 12/05/2012 at 10:00 AM in the Cumberland County Courthouse, So th Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $201,260.05 obtained by JPMOR AN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC (the ortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in complian a with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, cost and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 xl 30. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the j if the judgment was improperly entered. You may also ask the Court to postpone the sale for good c~ 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.) EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find but 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 ~ut if this has happened, you may ca11215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the prope y 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 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 proposed schedule f distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) d ys after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection i his office. This schedule will state who will be receiving that money. The money will be paid out in acc rdance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act i after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED B LO TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution N0.09-2592 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC vs. GERALD A. ALTER KIMBERLY L. ALTER owner(s) of property situate in the TOWNSHIP OF HAMPDEN, Cumberland County, Pennsylvania, being (Municipality) 302 THOMAS DRIVE, MECHANICSBURG, PA 17050-3063 Parcel N©.10-21-0279-307 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $201,260.05 Phelan Hallinao & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Hampden, in the county of Cumberland and Commonwealth of Pennsylvania, more particularly described follows: BEGINNING at a point on the western line of Thomas Drive, a distance of 92.5 feet North of the Northwe corner of the intersection of Thomas Drive and Virginia Road, also being at the dividing line between Lots Nos. 32 and 33 on the hereinafter mentioned plan of lots; thence South 84 degrees 32 minutes West along same, a distance of 112.90 feet to a point at the dividing line between Lots Nos. 31 and 33, Block'D' on sai plan; thence North 43 degrees 09 minutes West along same, a distance of 41.07 feet to a point; thence Nort OS degrees 28 minutes West, a distance of 32.5 feet to a point at the dividing line between Lots Nos. 34 anc 33, Block'D', on said plan and thence North 84 degrees 32 minutes East along same, a distance of 138 feet a point on the western line of Thomas Drive; and thence southwardly along same, a distance of 65 feet to a point, the place of BEGINNING. BEING Lot No. 33, Block'D' on Plan No. 5 of Del-Brook Manor, said plan being recorded in Plan Book 1 page 37, Cumberland County Records. HAVING thereon erected a single family dwelling. TITLE TO SAID PREMISES IS VESTED IN Gerald A. Alter and Kimberly L. Alter, h/w, by Deed fr~ Cory W. Johnson and Michelle A. Johnson, h/w, dated 06/28/2007, recorded 07/11/2007 in Book 280, Page 4609. PREMISES BEING: 302 THOMAS DRIVE, MECHANICSBURG, PA 17050-3063 PARCEL NO. 10-21-0279-307 PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 ~~ `~ 1=: D ~ ~ r }~ }~ ~' One Penn Center Plaza ~ ~'° }~` NROTHQNOTAI~`i Philadelphia, PA 19103 ~~ ~ ~ AEG ~ Q AM 10 ~ ~ 4 215-563-7000 l1M~ERLAND CpUNTY JPMORGAN CHASE BANK, NATIONAL A~~~I~ SB/M TO CHASE HOME FINANCE, LLC Plaintiff v. GERALD A. ALTER KIMBERLY L. ALTER Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COM CIVIL DIVISION N0.:09-2592 CUMBERLAND 1 The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn authorities. By: _ P n Hallman & Schmieg, LLP n Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff PLEAS ion to LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Hampden, in the county of Cumberland and Commonwealth of Pennsylvania, more particulazly described as follows: I BEGINNING at a point on the western line of Thomas Drive, a distance of 92.5 feet North of the North corner of the intersection of Thomas Drive and Virginia Road, also being at the dividing line between Loy Nos. 32 and 33 on the hereinafter mentioned plan of lots; thence South 84 degrees 32 minutes West alon€ same, a distance of 112.90 feet to a point at the dividing line between Lots Nos. 31 and 33, Block'D' on s plan; thence North 43 degrees 09 minutes West along same, a distance of 41.07 feet to a point; thence No OS degrees 28 minutes West, a distance of 32.5 feet to a point at the dividing line between Lots Nos. 34 a 33, Block'D', on said plan and thence North 84 degrees 32 minutes East along same, a distance of 138 fey a point on the western line of Thomas Drive; and thence southwazdly along same, a distance of 65 feet to point, the place of BEGINNING. BEING Lot No. 33, Block'D' on Plan No. 5 of Del-Brook M~.n~r, said plan being recorded in Plan Book page 37, Cumberland County Records. HAVING thereon erected a single family dwelling. TITLE TO SAID PREMISES IS VESTED IN Gerald A. Alter and Kimberly L. Alter, h/w, by Deed Cory W. Johnson and Michelle A. Johnson, h/w, dated 06/28/2007, recorded 07/11/2007 in Book 28 Page 4609. PREMISES BEING: 302 THOMAS DRIVE, MECHANICSBURG, PA 17050-3063 to 12, PARCEL NO. 10-21-0279-307 Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, N.A. S/B/M TO CHASE HOME FINANCE, LLC Plaintiff v. GERALD A. ALTER KIMBERLY L. ALTER Defendants ATTORNEY FOR PLAINTIFF ~.. , Court of Common Plea= - .~.~ Civil Division f --,-r ~~ -~: -~ ~:., cry y ~ ~ . _~. 'Pl CUMBERLAND Co~'t~a ,,.~, No.:09-2592 , "-i !-t~' r' PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on Apri127, 2009. 2. Judgment was entered on July 9, 2009 in the amount of $201,260.05. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 5, 2012. 199722 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have 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 October 31, 2012 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Escrow Deficit Suspense/Misc. Credits $183,827.47 $73,186.40 $1,336.58 $1,300.00 $1,830.50 $2,125.03 $210.00 $9,576.47 ($175.15) TOTAL $273,217.30 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 Defendants. 8. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on November 8, 2012 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. 199722 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: NOV 1 F 2012 B , Y Melissa J. Cantwell, Esquire ATTORNEY FOR PLAINTIFF 199722 Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 3FK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, N.A. S/BIM TO CHASE HOME FINANCE, LLC Plaintiff v. GERALD A. ALTER KIMBERLY L. ALTER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 09-2592 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE GERALD A. ALTER executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiff s Note was secured by a Mortgage on the Property located at 302 THOMAS DRIVE, MECHANICSBURG, PA 17050-3063. The Mortgage indicates that in the event of 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, Defendants 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 Sheriff s Sale. 199722 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 Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 199722 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 Defendants 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 Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are 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 s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 103b, 1037 (1993). Signal Consumer 199722 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants 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. 199722 VI. ATTORNEY'S FEES The Plaintiff s foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shoppin Cg enter, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff s legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 199722 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff s sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 199722 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. 199722 Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff s Motion to Reassess Damages. IX. 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. Phelan Hallinan & Schmieg, LLP DATE: NOU l E 2011 By Melissa J. Cantwell, Esquire Attorney for Plaintiff 199722 Exhibit "A" 199722 >1TORHEY COPS; Phelan Hallinan & Schmieg, LLP PLEASE ~~' By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. 5chmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 6]791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 ChrisovaIante P. Fliakos, Esq., Id. ~~ C0P'+,; Joshua I. Goldman, Esq., Id. No. 2 P~~j Courtenay R. Dunn, Esq., Id. No. 20 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC vs. GERALD A. ALTER KIMBERLY L. ALTER Attorney for Plaintiff ~~~ ; <--;': ~:~' ~-,:_~ `~= r ~_ -~~ CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 09-2592 ~TTORHEY F~.E COP1 PLEASE RETUR~+1 \~ c:. ___ t ~;. ~~ c' , i _J ...., -,- rn -~ rn -~, <' '-~ t:3 .,~-, -, ~~ ~; n :--+ -< PRAECIPE FOR IN REM 3UDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against GERALD A. ALTER and KIMBERLY L. ALTER, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $197,577.55 Interest - 04/24/2009 to 07/07/2009 S3.682.50 TOTAL $201,260.05 I hereby certify that (1) the Defendants' last known address is 302 THOMAS DRIVE, MECHANICSBURG. PA 17050-3063 and (2} that notice has been given in accordance with Rule 237.1, copy attached. ;~ ~ ^ , By: ~ l.,„ Lawre e . P lan, Esq., d. No. 32227 Fran s S. Hall an, Es d. No. 62695 Daniel G. Schmieg, sq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 3aime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 ''Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff DAMAGES ARE(~HEREBY ASSESSED AS INDICATED. DATE: -Jr 1-i t u 1 PHS # 199722 PROTHONOTAR Exhibit "B" 199722 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard. Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#; {215) 563-3459 Phelan Hallinan & Schmieg, L.LP Representing Lenders in Pennsylvania and New Jersey November 8, 2012 (.;ERALD A. AT,T1:R KIMBERLY L. AL'T'ER 302 THOMAS DRIVE MECHANICSBURG, PA 17050-3063 RE: JPMORGAN CHASE BANK, N.A. SB/M TO CHASE HOME FINANCE, LLC v. GERALD A. ALTER and KIMBERLY L. ALTER Premises Address: 302 THOMAS DRIVE MECHANICSBt1R.G, PA 17050 CUMBERLAND County CCP, No. 09-2592 Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, 11/1~/20I2. Should you have further questions or concerns, please do not hesitate to contact me, Otherwise, please he guided accordingly. Very ~uly yo ~~ ~b'dl~liss~t-J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff Enclosure 199722 bEQZ SAtIOtJ 9SLtt~tr00~ '~ r '~ +~ wi t a wiri : ~~ ~ ~~ h~~ *~ O ~~ ~ ''~' r ,,, ~~ ~~ ~ ~ ~' ~~~ ~~~ g~ ~. 'a `~ u qO V .~ ~ ~ ~- 0 ~$°~ G '-~ ab oo_ w ~ ~~ v ~St Ja .ham ~ ~ ~ ~~~ ~,g r~ pp F ~ nn a '~ '~ ~` ~' i~ `m ~ ~ i^ ~~ ~' ~~ ~~ ~ ~ ~ . Y ~: ~; ~ ~~ ~`~ ? ~ ~ ~ ~ ~~ ~ ~, . f'g` t~ ` ~ 1'1041'{i ~ ., '3 f ~'y } 4 I to i11p .j. ~ .".v~`i' it~i£^!.111 uf~ `~~ r` - .,.ri-aS~ ~t . ... ~ i_.. . a ". w. 4d ~.. &t3i~ _ .. '~Si' N t _ ~,I _ ~S_ , Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, N.A. SB/M TO Court of Common Pleas CHASE HOME FINANCE, LLC Plaintiff Civil Division v• CUMBERLAND County GERALD A. ALTER No.: 09-2592 KIMBERLY L. ALTER Defendants 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. GERALD A. ALTER GERALD A. ALTER KIMBERLY L. ALTER KIMBERLY L. ALTER 302 THOMAS DRIVE 140 BROADWAY MECHANICSBURG, PA 17050-3063 APT 2 HANOVER, PA 17331-2500 Phelan Hallinan & Schmieg, LLP NOV 1 ~ 2012 DATE: gy. e issa J. Cantwe uire ATTORNEY FOR PLAINTIFF 199722 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK, N.A. S/B/M TO Court of Common Pleas CHASE HOME FINANCE, LLC Plaintiff Civil Division v. CUMBERLAND County GERALD A. ALTER No.: 09-2592 KIMBERLY L. ALTER Defendants RULE AND NOW, this ~/~ day of U ~ +Q012, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on tter. ~' RT J. ~ .~ r...,..7 1 ._... _ ~;' r ~ .a-- ~'{ ~- -s7 ~.~, '~ r =~1 ~ ~ G. ~ 199722 Melissa J. Cantwell; Esq., Id. No.308912 Phelan Hallman & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 GERALD A. ALTER KIMBERLY L. ALTER 302 THOMAS DRIVE MECHANICSBURG, PA 17050-3063 J GERALD A. ALTER KIMBERLY L. ALTER 140 BROADWAY APT 2 HANOVER, PA 17331-2500 n ~~;led ~P'~s~ ~v I' zB A 199722 199722 PHELAN HALLINAN & SCHMIEG, LLP Courtenay R. Dunn, Esq., Id. No.206779 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff ~: .. _- _, , , -. _ _ ... _.:..,, -_ :, , ~ y .. c~: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, N.A. SB/M TO CUMBERLAND COUNTY CHASE HOME FINANCE, LLC Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION GERALD A. ALTER No.: 09-2592 KIMBERLY L. ALTER Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Courtenay R. Dunn, Esquire / f Attorney for Plaintiff Date: ~ ~ I ?i`~ (~ 2 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. PHS # 199722 ~~~ a. ~ a. ~~~,~ ~A ~~~ s~ ~~; ~~~ ~- ... r ~" ~v ~~ ~ 2 ?tN ~ w,.,.., A4Rlt~Q ;FRp~t ~" E:OpF ' 914 3 a ULA jo-OFFICE r - flE I'?? ( ?? x TAf Phelan Hallinan, LLP Melissa J. Cantwell, Esq., Id. No.30891?0110E-r 20 q,TTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 ?? ?? ? ? ? One Penn Center Plaza '?Jt?SER?.ANfl COUNTY Philadelphia, PA 19103 PENNSYLVANIA 215-563-7000 JPMORGAN CHASE BANK, N.A. S/B/M TO Court of Common Pleas CHASE HOME FINANCE, LLC Plaintiff Civil Division vs. CUMBERLAND County GERALD A. ALTER No.: 09-2592 KIMBERLY L. ALTER Defendants PRAECIPE TO WITHDRAW MOTION TO REASSESS DAMAGES TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion to Reassess Damages, filed on November 19, 2012 in the above referenced action. Phelan llinan, LLP DATE: ti By: Me issa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff 199722 Phelan Hallinan. LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 ATTORNEY FOR PLAINTIFF 215-563-7000 JPMORGAN CHASE BANK, N.A. SIBIM TO CHASE HOME FINANCE, LLC Plaintiff Court of Common Pleas Civil Division vs. GERALD A. ALTER KIMBERLY L. ALTER Defendants CUMBERLAND County No.: 09-2592 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to Withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. GERALD A. ALTER KIMBERLY L. ALTER 302 THOMAS DRIVE MECHANICSBURG, PA 17050-3063 GERALD A. ALTER 302 THOMAS DRIVE MECHANICSBURG, PA 17050 GERALD A. ALTER KIMBERLY L. ALTER 140 BROADWAY APT 2 HANOVER, PA 17331-2500 II`` Phelan H Ilinan, LLP DATE: U _ By: e issa J. Cantwell, sq., Id. No .308912 Attorney for Plaintiff 199722