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HomeMy WebLinkAbout09-2643f Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM C(j/l NO. Oq- AJV5 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 ?Jfenine 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 203667 CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 V. Plaintiff ERIC I. ABRAMSON TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON 1417 CREEK ROAD BOILING SPRINGS, PA 17007-9656 File #: 203667 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 #: 203667 1. Plaintiff is CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: ERIC I. ABRAMSON TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON 1417 CREEK ROAD BOILING SPRINGS, PA 17007-9656 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/20/2003 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. 1811, Page 1633. 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 #: 203667 6. The following amounts are due on the mortgage: Principal Balance $135,786.30 Interest $4,664.88 10/01/2008 through 04/27/2009 (Per Diem $22.32) Attorney's Fees $1,300.00 Cumulative Late Charges $435.59 03/20/2003 to 04/27/2009 Cost of Suit and Title Search 750.00 Subtotal $142,936.77 Escrow Credit $0.00 Deficit $799.16 Subtotal 799.16 TOTAL $143,735.93 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 person am judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 203667 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $143,735.93, together with interest from 04/27/2009 at the rate of $22.32 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: g 7b7 7 Lance T. Phelan, Es4juire Fr cis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquir 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 #: 203667 LEGAL DESCRIPTION ALL THOSE CERTAIN TRACTS OF LAND SITUATE IN MONROE TOWNSHIP, CUMBERLAND COUNTY PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: PARCEL NO. 1: BEGINNING AT A POINT IN LINE OF OTHER LAND NOW OR FORMERLY OF JAMES L. SHUMBERGER AND SHIRLEY L. SHUMBERGER, HIS WIFE, SAID POINT LYING ON THE Southern EDGE OF THE PRE-EXISTING RIGHT-OF-WAY LINE FOR TOWNSHIP Road T-650, CREEK Road, SAID POINT ALSO BEING 179.04 FEET FROM A P.K. NAIL IN THE CENTER OF THE INTERSECTION OF TOWNSHIP Road T-650 AND TOWNSHIP Road T-651; THENCE BY OTHER LAND NOW OR FORMERLY OF JAMES L. SHUMBERGER AND SHIRLEY L. SHUMBERGER, HIS WIFE, AND ACROSS TOWNSHIP Road T-650, North 03 DEGREES 17 MINUTES 04 SECONDS West, 40 FEET TO A POINT AT THE LOW WATER LINE OF THE YELLOW BREECHES CREEK; THENCE BY THE LOW WATER LINE OF THE YELLOW BREECHES CREEK, South 76 DEGREES 27 MINUTES 44 SECONDS East, 21.04 FEET TO A POINT IN SAID LOW WATER LINE; THENCE BY THE SAME, North 87 DEGREES 43 MINUTES 58 SECONDS East, 108.62 FEET TO POINT AT CORNER OF Lot NO. 1 ON THE HEREINAFTER MENTIONED Plan OF Lots; THENCE BY THE SAME, South 01 DEGREES 58 MINUTES 00 SECONDS East, 218.78 FEET TO AN IRON PIN ON THE Northern EDGE OF A 20 FOOT WIDE PRIVATE RIGHT-OF-WAY SHOWN ON THE HEREINAFTER MENTIONED Plan OF Lots; THENCE File #: 203667 BY SAID PRIVATE RIGHT-OF-WAY, South 78 DEGREES 29 MINUTES 56 SECONDS West, 125 FEET TO AN IRON PIN AT CORNER OF OTHER LAND NOW OR FORMERLY OF JAMES L. SHUMBERGER AND SHIRLEY L. SHUMBERGER, HIS WIFE; THENCE BY THE SAME, North 03 DEGREES 17 MINUTES 04 SECONDS West, 204.61 FEET TO AN IRON PIN, THE PLACE OF BEGINNING. CONTAINING 6639 ACRE, MORE OR LESS. BEING Lot NO.2 ON THE Plan OF Lots OF MARIE D. SHUMBERGER, RECORDED IN CUMBERLAND COUNTY Plan BOOK 37, PAGE 71. BEING KNOWN AND NUMBERED AS 1417 CREEK Road, BOILING SPRINGS, PENNSYLVANIA. PARCEL NO. 2: BEGINNING AT A POINT ON THE North SIDE OF A GRAVEL DRIVE AND IN THE APPROXIMATE CENTER OF Road AT LINE OF LAND NOW OR FORMERLY OF WILMER HARRIS; THENCE BY SAID HARRIS LAND AND BY THE CENTER OF THE SAID Road, North 43 DEGREES West 282.13 FEET TO A POINT; THENCE North 15 DEGREES 15 MINUTES East 64 FEET TO A POINT ON THE BANK OF THE YELLOW BREECHES CREEK; THENCE BY THE BANK OF THE YELLOW BREECHES CREEK, South 61 DEGREES 7 MINUTES East 167.85 FEET TO A POINT; THENCE BY LAND NOW File #: 203667 OR FORMERLY OF LEE W. SHUMBERGER AND MARIE D. SHUMBERGER, South 3 DEGREES 43 MINUTES East 241 FEET TO A POINT ON THE North SIDE OF THE SAID GRAVEL DRIVE; THENCE BY THE SAME, South 81 DEGREES 4 MINUTES West 165 FEET TO A POINT, THE PLACE OF BEGINNING. THE ABOVE DESCRIPTION IN TAKEN FROM A SURVEY MADE BY NOEL B. SMITH, REGISTERED SURVEYOR. TAX ID #: 22-12-0348-004 BY FEE SIMPLE DEED FROM JAMES L. SHUMBERGER AND SHIRLEY L. SHUMBERGER, HUSBAND AND WIFE AS SET FORTH IN DEED BOOK 257, PAGE 24 AND RECORDED ON 5/13/2003, CUMBERLAND COUNTY RECORDS. PARCEL #: 22-12-0348-004 PROPERTY ADDRESS: 1417 CREEK ROAD File #: 203667 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by the Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec 4904 relating to unworn falsifications to authorities. ?7d 77 A rney for Plaintiff DATE: , -71 d 6 ?f Wit; AIRY iv: j? Sheriffs Office of Cumberland County R Thomas Kline Q?0 ' of tAuub"tt,t owara L Zicnorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/30/2009 04:16 PM - Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on April 30, 2009 at 1616 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Eric I. Abramson, by making known unto himself personally, defendant at 1417 Creek Road Boiling Springs, Cumberland County, Pennsylvania 17007 its contents and at the same time handing to him personally the said true and correct copy of the same. 04/30/2009 04:16 PM - Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on April 30, 2009 at 1616 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Tiffany Ann Abramson, by making known unto Eric I. Abramson, husband of defendant at 1417 Creek Road Boiling Springs, Cumberland County, Pennsylvania 17007 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $50.30 May 04, 2009 2009-2643 Chase Home Finance, LLC VS Eric I. Abramson SO ANSWERS, R THOMAS KLINE, SHERIFF By "'till Depu S e N E ( to '; -OM r%) F 0 d 4.? 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, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff VS. ERIC I. ABRAMSON TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. CIVIL-09-2643 : CUMBERLAND COUNTY PHS #: 203667 PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Pl ntif By: Lawrenc. P elan , E quire Francis ,S. Hall squire 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: 6-1-09 PHS #: 203667 VERIFICATION Whitney K. Cook hereby states that he/she is Assistant Secretary of CHASE HOME FINANCE LLC, servicing agent for Plaintiff, CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION, 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: 4 3 d Loan: File #: 203667 Abramson Title k---" Assistant Secretary Company: CHASE HOME FINANCE LLC 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, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff VS. ERIC I. ABRAMSON TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. CIVIL-09-2643 : 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: ERIC I. ABRAMSON 1417 CREEK ROAD BOILING SPRINGS, PA 17007-9656 TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON 1417 CREEK ROAD BOILING SPRINGS, PA 17007-9656 Phelan Hallinan & Schmieg, LLP Attorney for 914intiff By: Lawre e T. Franors S. H kin ,gXsquire 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: 6-1-09 RED-WICE OF THE PROTHONOTARY 2009 JUN -4 PMT 2: 46 PENNIMANIA ~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~F ~ f4f ~,~ Sheriff ~ ~ ,: ~'~,"~Y ~$a~,tr Qt +~utnbA~~fi~ Jody S Smith 3 ~~~~ ~~~ Chief Deputy ~~.'~~.~~ j2 ~i}1 ~~}~ Jt'~ ,;~:,, Richard W Stewart ~'~` '' Cvh,~:- Solicitor ~FFrcE,~~rNES~ERIFF ;,, :;r; rv~`~'~~ ~~. I al ~a~J (! 1 r+,11:1 Chase Home Finance LLC vs. Eric I. Abramson (et al.) Case Number 2009-2643 SHERIFF'S RETURN OF SERVICE 06/18/2010 04:46 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 18, 2010 at 1646 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 Eric I. Abramson & Tiffany Ann Abramson, located at, 1417 Creek Road, Boiling Springs, Cumberland County, Pennsylvania according to law. 06/21/2010 10:49 AM -Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on 6/21/1( at 1030 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: Tiffany Ann Abramson, by making known unto, Eric I. Abramson, spouse, at, 66 North Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 06/21/2010 Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on 6/21/10 at 1030 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: Eric I. Abramson, by making known unto, Eric I. Abramson, personally, at, 66 North Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 06/24/2010 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 6/21/10 SHERIFF COST: $166.18 July 09, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ~ oo ~~~_ ~~ 7~ia / ,~ a~i~ (c) CauntySui[e Shenff. Telaosoft, Inc. CHASE HOME TaINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE (CORPORATION Plaintiff v.•' ERIC I. ABRAMSON TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-2643 CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION, 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 1417 CREEK ROAD, BOILING SPRINGS, PA 17007-9656. Name and address of Owner(s) or reputed Owner(s): Name 2. 4. ERIC L ABRAMSON TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 1417 CREEK ROAD BOILING SPRINGS, PA 17007-9656 1417 CREEK ROAD BOILING SPRINGS, PA 17007-9656 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) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Mers, Inc. Mers as a nominee for Capital One Home Loans, LLC._ Capital One Home Loans, LLC. 3300 SW 34`h Avenue; Suite 101 Ocala, FL 34474 P.O. Box 2026 Flint, MI 48501-2026 12800 Foster Street Overland Park, KS 66213 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 t sale. ` Name Address (if address cannot be . reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA Mers as a nominee for CitiMortgage, Inc. CitiMortgage, Inc. 1417 CREEK ROAD BOILING SPRINGS, PA 17007-9656 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 P.O. Box 2026 Flint, MI 48501-2026 1000 Technology Drive MS321 O'Fallon, MO 63368-2240 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. May 3, 2010 sy Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ^ I~wrence T. Phelan, Esq., Id. No. 32227 rancis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 LEGAL DESCRIPTION ALL THOSE CERTAIN tracts of land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: PARCEL NO. 1: BEGINNING at a point in line of other land now or formerly of James L. Shumberger and Shirley L. Shumberger, his wife, said point lying on the southern edge of the pre-existing right-of-way line for Township Road T-650, Creek Road, said point also being 179.04 feet from a P.K. nail in the center of the intersection of Township Road T-650 and Township Road T-651; thence by other land now or fonmerly of James L. Shumberger and Shirley L. Shumberger, his wife, and across Township Road T-650, North 03 degrees 17 minutes 04 seconds West, 40 feet to a point at the low water line of the Yellow Breeches Creek; thence by the low water line of the Yellow Breeches Creek, South 76 degrees 27 minutes 44 seconds East, 21.04 feet to a point in said low water line; thence by the same, North 87 degrees 43 minutes 58 seconds East, 108.62 feet to a point at comer of Lot No. 1 on the hereinafter mentioned Plan of Lots; thence by the same, South O 1 degree 58 minutes 00 seconds East, 218.78 feet to an iron pin on the northern edge of a 20 foot wide private right-of--way shown on the hereinafter mentioned Plan of Lots; thence by said private right-of--way, South 78 degrees 29 minutes 56 seconds West, 125 feet to an iron pin at corner of other land now or formerly of James L. Shumberger and Shirley L. Shumberger, his wife; thence by the same, North 03 degrees 17 minutes 04 seconds West, 204.61 feet to an iron pin, the place of BEGINNING. CONTAINING .6639 acre, more or less. BEING Lot No. 2 on the Plan of Lots of Marie D. Shumberger, recorded in Cumberland County Plan Book 37, Page 71. UNDER AND SUBJECT, NEVERTHELESS, to building and use conditions and restrictions and aright- of-way for Township Road T-650 as set forth on said Plan of Lots. PARCEL NO. 2: BEGINNING at a point on the north side of a gravel drive and in the approximate center of a road at line of land now or formerly of Wilmer Harris; thence by said Harris land and by the center of the said road, North 43 degrees West 282.13 feet to a point; thence North 15 degrees 15 minutes East 64 feet to a point on the bank of the Yellow Breeches Creek; thence by the bank of the Yellow Breeches Creek, South 61 degrees 7 minutes East 167:85 feet to a point; thence by land now or formerly of Lee W. Shumberger and Marie D. Shumberger, South 3 degrees 43 minutes East 241 feet to a point on the north side of the said gravel drive; thence by the same, South 81 degrees 4 minutes West 165 feet to a point, the place of BEGINNING. The above description is taken from a survey made by Noel B. Smith, Registered Surveyor. THIS BEING A CORRECTIVE DEED TO CORRECT AN INACCURATE LEGAL DESCRIPTION FOR THE TRACT AS SET FORTH ON THE DEED DATED MARCH 20, 2003, AND RECORDED MARCH 27, 2003, IN DEED BOOK 256, PAGE 1280. TITLE TO SAID PREMISES IS VESTED IN Eric I. Abramson and Tiffany Ann Abramson, h/w, by Deed from James L. Shumberger and Shirley L. Shumberger, h/w, dated 04/28/2003, recorded 05/13/2003 in Book 257, Page 24. PREMISES BEING: 1417 CREEK ROAD, BOILING SPRINGS, PA 17007-9656 PARCEL N0.22-12-0348-004 Y• CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION COURT OF COMMON PLEAS CIVIL DIVISION vs. CUMBERLAND COUNTY ERIC I. ABRAMSON TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ERIC I. ABRAMSON 1417 CREEK ROAD BOILING SPRINGS, PA 17007-9656 Plaintiff NO. CIVIL-09-2643 TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON 1417 CREEK ROAD BOILING SPRINGS, PA 17007-9656 * *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 1417 CREEK ROAD, BOILING SPRINGS, PA 17007-9656 is scheduled to be sold at the Sheriff's Sale on 09/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $151,302.41 obtained by CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION (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 chazges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 81230. 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 compazed to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 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 prepazed 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) 249-31b6 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. CIVIL-09-2643 CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION vs. ERIC I. ABRAMSON TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON owner(s) of property situate in MONROE TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 1417 CREEK ROAD, BOILING SPRINGS, PA 17007-9656 Parcel No. 22-12-0348-004 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $151,302.41 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevazd, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THOSE CERTAIN tracts of land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: PARCEL NO. 1: BEGINNING at a point in line of other land now or formerly of James L. Shumberger and Shirley L. Shumberger, his wife, said point lying on the southern edge of the pre-existing right-of--way line for Township Road T-650, Creek Road, said point also being 179.04 feet from a P.K. nail in the center of the intersection of Township Road T-650 and Township Road T-651; thence by other land now or formerly of James L. Shumberger and Shirley L. Shumberger, his wife, and across Township Road T-650, North 03 degrees 17 minutes 04 seconds West, 40 feet to a point at the low water line of the Yellow Breeches Creek; thence by the low water line of the Yellow Breeches Creek, South 76 degrees 27 minutes 44 seconds East, 21.04 feet to a point in said low water line; thence by the same, North 87 degrees 43 minutes 58 seconds East, 108.62 feet to a point at corner of Lot No. 1 on the hereinafter mentioned Plan of Lots; thence by the same, South O1 degree 58 minutes 00 seconds East, 218.78 feet to anuon pin on the northern edge of a 20 foot wide private right-of--way shown on the hereinafter mentioned Plan of Lots; thence by said private right-of--way, South 78 degrees 29 minutes 56 seconds West, 125 feet to an iron pin at corner of other land now or formerly of James L. Shumberger and Shirley L. Shumberger, his wife; thence by the same, North 03 degrees 17 minutes 04 seconds West, 204.61 feet to an iron pin, the place of BEGINNING. CONTAINING .6639 acre, more or less. BEING Lot No. 2 on the Plan of Lots of Marie D. Shumberger, recorded in Cumberland County Plan Book 37, Page 71. UNDER AND SUBJECT, NEVERTHELESS, to building and use conditions and restrictions and aright- of-way for Township Road T-650 as set forth on said Plan of Lots. PARCEL N0.2: BEGINNING at a point on the north side of a gravel drive and in the approximate center of a road at line of land now or formerly of Wilmer Harris; thence by said Hams land and by the center of the said road, North 43 degrees West 282.13 feet to a point; thence North 15 degrees 15 minutes East 64 feet to a point on the bank of the Yellow Breeches Creek; thence by the bank of the Yellow Breeches Creek, South 61 degrees 7 minutes East 167.85 feet to a point; thence by land now or formerly of Lee W. Shumberger and Marie D. Shumberger, South 3 degrees 43 minutes East 241 feet to a point on the north side of the said gravel drive; thence by the same, South 8l degrees 4 minutes West 165 feet to a point, the place of BEGINNING. The above description is taken from a survey made by Noel B. Smith, Registered Surveyor. THIS BEING A CORRECTIVE DEED TO CORRECT AN INACCURATE LEGAL DESCRIPTION FOR THE TRACT AS SET FORTH ON THE DEED DATED MARCH 20, 2003, AND RECORDED MARCH 27, 2003, IN DEED BOOK 256, PAGE 1280. TITLE TO SAID PREMISES IS VESTED I1V Eric I. Abramson and Tiffany Ann Abramson, h/w, by Deed from James L. Shumberger and Shirley L. Shumberger, h/w, dated 04/28/2003, recorded 05/13/2003 in Book 257, Page 24. PREMISES BEING: 1417 CREEK ROAD, BOILING SPRINGS, PA 17007-9656 PARCEL N0.22-12-0348-004 WRIT OF EXECUTION and/or ATTACHMENT ' COMMONWEALTH OF PENNSYLVANIA) NO 09-2643 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, s/b/m to CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff (s) From ERIC I. ABRAMSON, TIFFANY ANN ABRAMSON a/Wa TIFFANY A. ABRAMSON (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 $151,302.41 L.L.$.50 Interest from 4/2/10 to Date of Sale ($25.22 per diem) -- $4,035.20 Atty's Comm % Due Prothy $2.00 Atty Paid $169.30 Other Costs Plaintiff Paid Date: 5/6/10 avid D. Buell, Prot notary (Seal) By: Deputy REQUESTING PARTY: Name: FRANCIS S. HALLINAN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62695 On June 14, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA, Known and numbered as, 1417 Creek Road, Boiling Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: ' Real Estate Coordinator Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadel1phia, PA 19103 215-563-7000 Attorney For Plaintiff r t ?.- ;ji " . CHASE HOME FINANCE LLC, SB/M Court of Common Pleas c. TO CHASE MANHATTAN MORTGAGE -'' ""T ?, rep CORPORATION Civil Division - =' - :D Plaintiff CUMBERLAND County 77 vs No. CIVIL-09-2643 ! - ERIC I ABRAMSON TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON Defendant PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P., 2352 TO THE PROTHONOTARY: Kindly substitute JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION 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/B/M TO CHASE HOME FINANCE, LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION is the current Plaintiff in the foreclosure action by virtue of a corporate merger, whereby CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION is now known as JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION. _ KKi dly end the information on the Date: ? (? PHS # 2036167 By: 311gly• Z. Tabas, Esq., Id. No. Attorney for Plaintiff 44.50 Pr, " 0,274075 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff CHASE HOME FINANCE LLC, Court of Common Pleas S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Civil Division Plaintiff CUMBERLAND County vs No. CIVIL-09-2643 x rx-t c? c? ERIC 1. ABRAMSON'_' TIFFANY ANN ABRAMSONAIK/A TIFFANY A. ABRAMSON -? ° Defendant r c-: -r' PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please mark the judgment in the above-captioned n NATIONAL ASSOCIATION, S/B/M TO CHASE HOM FIN MORTGA?j E C ORATION, located at 1 111 POLA S P Date: 7 C_ the use of JPMORGAN CHASE BANK, LLC, S/B/M TO CHASE MANHATTAN 'AY COLUMBUS, OH 43240. HALLMAN & SCfD41EFr, R. Tabas, Esq., Id. No.9333 Attorney for Plaintiff PHS # 203667 CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff vs ERIC I. ABRAMSON TIFFANY ANN ABRAMSON AWA TIFFANY A. ABRAMSON Defendant Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL-09-2643 .y".t -091 c_ ' ENTRY OF APPEARANCE -n -c) TO THE PROTHONOTARY: Kindly enter my appearance on behalf of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, L C, S/B/ HASE MANHATTAN MORTGAGE CORPORATION Date: P HALLMAN & SCHMWG, LLP R. Tabas, Esq., Id. No-933 Attorney for Plaintiff PHS 4 203667 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff vs ERIC 1. ABRAMSON TIFFANY ANN ABRAMSON, AWA TIFFANY A. ABRAMSON Defendant Attorney For Plaintiff Court of Common Pleas Civil Division CUMBERLAND Coun 1 )l zy No. CIVIL-09-2643 Fri C:.:; CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe to mark judgment to JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION and substitution of party plaintiff was served by regular mail to the person(s) on the date listed below: ERIC L ABRAMSON TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON 1417 CREEK ROAD BOILING SPRINGS, PA 17007-9656 Date: J PHS 4 203667 Attorney for riamtat PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 JPMORGAN CHAISE BANK, NATIONAL ASSOCIATION, SB/M COURT OF COMMON PLEAS TO CHASE HOME FINANCE, LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION CIVIL DIVISION Plaintiff NO.: CIVIL-09-2643 v ERIC I. ABRAMSON TIFFANY ANN ABRAMSON AIK/A TIFFANY A. ABRAMSON Defendant(s) To the Prothonotary: Issue writ of ''execution in the above matter: Amount Due Interest from 04/02/2010 to Date of Sale ($24'',87 per diem) TOTAL CUMBERLAND COUNTY r-, MCC C = 1 41 $151 302 tlJ1 n , 0 6 $22,084.5 ., _a .. $173,386.97 Pbelan Hallinan & Schmiet, LLP Lauren R. Tabas, Esq., Id. No.93337 Attorney for Plaintiff Note: Please attach description of property. PHS # 203667 OS ? d S .!5o P p A-ny 50.3o C'R?F R4. 19 ., 98.50 `? 1 •oo del, 00 Q 50 " 3?D q8 PO ATTY 4 1.45 due 01. d w? O? ?a a? ?z oa o?D o° H A UW U v a a w U z d z w w 0 x x O H ?o ?O UU OW d? zo O? ?z d? zH z? ?x ?z x? zx? a°a O? ti ? > O A d w H d 0 z? ?zb ? d w Q w W H Z kr) r- o a o CIO z o , o o ? E 0. zQ? ¢ ¢ a z ? w 3 0 ¢ ? C7 >" ? C7 ¢ w .-. as H ¢ .-. w 0 F U w w? y, M O O M ? H ? z ? o . ab 3w o W ? 0 IS, s .? Q PHELAN HALLINAN & SCHMIEG, LLP Lauren R. Tabas, Esq., Id. No.93337 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff V. ERIC L ABRAMSON TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: CIVIL-09-2643 : 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: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties ofd 8 Pa. ¢.S.4. § 4904 relating to unsworn falsification to authorities. By: Whelan Hallman &-Ncnmreg, 11ur Lauren R. Tabas, Esq., Id. No.93337 Attorney for Plaintiff ?3 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff V. ERIC L ABRAMSON TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: CIVIL-09-2643 CUMBERLAND COUNTY PHS # 203667 AFFIDAVIT PURSUANT TO RULE 3129.1 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION, 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 1417 CREEK ROAD, BOILING SPRINGS, PA 17007-9656. Name and address of Owner(s) or reputed Owner(s): Name Address if address cannot be reasonably ascertained, please so indicate) M_ (' ERIC 1. ABRAMSON 1417 CREEK ROAD BOILING SPRINGS, PA 17007-9656 IF ANN ABRAMSON 1417 CREEK ROAD AWA TIFFANY A. ABRAMSON BOILING SPRINGS, PA 17007-9656 - 2. 3 Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 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) CAPITAL ONE BANK (USA), NA. C/O JAMES C. WARM$RODT, ESQUIRE CAPITAL ONE BANK, N.A CAPITAL ONE BANK, N.A. 436 SEVENTH AVE STE 1400 PITTSBURGH, PA 15219 15000 CAPITAL ONE DRIVE RICHMOND, VA 23238 1680 CAPITAL ONE DRIVE MCLEAN, VA 22102 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) CAPITAL ZONE HOME LOANS, LLC 12800 FOSTER STREET OVERLAND PARK, KS 66213 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL (BUILDING 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 personal knowledge or information and belief. I understand th false st e nts herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to a tho ' ies. Date:5/,.; / i I By: Plfelan Hallinan & Schmieg, LLP Lauren R. Tabas, Esq., Id. No.93337 Attorney for Plaintiff : COURT OF COMMON PLEAS JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC, SB/M TO CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATIONPIaintiff : NO.: CIVIL-09-2643 VS. : CUMBERLAND COUNTY ERIC L ABRAMSON BRA M SON : FFANY ANN ABRAMSON A/K/A TIFFANY A. A D TI TICE OF SHERIFF'S SALE OF REAL PROPERTY M 'l` C= NO n; „ .. TO: ERIC I. ABRAMSON TIFFANY ANN ABRAMSON AIK/A TIFFANY A. ABRAMSON 1417 CREEK ROAD ' BOILING SPRINGS, PA 17007-9656 "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 A LIEN AGAINST PROPERTY.*LLECT A DEBT, BUT ONLY ENFORCEMENT OF Your house (real estate) at 1417 CREEK ROAD, BOILING SPRINGS, PA 17007-9656 is scheduled to be sold at the Sheriffs Sale on 09/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street,',Carlisle, PA 17013 to enforce the court judgment of $151,302.41 obtained by JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION (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 the Court to postpone the sale for good cause. if the judgment was improperly entered. You may also ask 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 an attorney.) one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain LEGAL DESCRIPTION WNSHlp, CUMBERLAND 1viONRIO TO N TRACTS OF LAND SITUATE IN AS FOLLOWS' E CERTAI DED AND DESCRIBED ALL THOSPENNSYLV PENNSYLVANIA, BOUN COUNTY OR F OIZMEI Ly OF J G ON THE PARCELI NO 1 LYING POINT IN LINE OF OTHER LAND S WIFE SAID POINT RGER, HI TOWNSHIP Road T-650, GHT-OF-WAY LINE FOR CENTER OF THE BEGINNING GER AT A NE F ? PRE-E EY X LIS SHIJTING RIGHT A P.K. NAIL IN T E BY OTHER G 179.04 FEET FROM 651; GER, HIS Souther' EDGE O OINT ALSO BEIN D TA ER AND SHIRT-EY L SHUMBER Road, SAID TOWNSIBP Road T-650 AN 04 SECONDS West, CREE ES L. S" MB ES 17 MINUTES THENCE INTER ECTION OF FORMERLY OF JAM North 03 DEGRE ECHES CREEK OR FORM SHIP Road T-650 N , THE YELLOW BRE DEGREES 27 LAND AND WATERLINE OF South 76 DE WIFE AND ACROSS ATWHE T LOW ECHES CREEK, WATER LINE; THENCE BY 40 FE , TO A POIN OF THE YELLOW BRE SAID LOW W ATER LINE TIN T LOW S East, 21.04 FEET TO A POINT IN East,108.62Lo s; THEN OE BY THE HE HE N 'fiES 44 SECOND ES 43 MINUTES 59 IRON PIN ON T North 87 DENT NTIONED Plan OF THE HEREINAFTER THE SAME' 1 ON THE HEREI`IAFTER 218.78 FEET TO AN MINUTES 00 SECONDS OF'W AY SHOWN ON DEGREES 29 CO ER OF LotNO. ES 58 M GHT- ATE RI T-ITSouth 78 DE OR SA, South O1 DEGRE ATE RIGH OF OTHER LAND NOW 20 FOOT WIDE PRIVATE No lyern EDGE OF A THENCE BY SAID l V AT CORNER 1IlS FE; THENCE Plan OF Lots; TO AN IRON PIN BERGER, IRON ME TIONED SECONDS West ,125 FEET SHIR 11 L. SHUM TO AN M VTES 56 SE BERGER AND S West, 204.61 FEET ERLY OF JAMES L. SIR S 17 MINUTES 04 SECOND FO North 03 DEGREES B THE SAME, ? THE PLAC E OF BEGINNING. PIN, CONTAINING I 6639 ACRE, MORE OR LESS. MARIE D SHU1vMBERGER, RECORDED IN lan OF Lots OF SING Lot NO.2 ON THE COUNTY P plan BOOK 37, PAGE 71 t-of- UMBERLAND and use conditions and restrictions and a ri ESS, to building SUBJECT, NEVERTI?I- UNDER AN' ship Road T-650 as set forth on said Plan of Lots. Way for To L DRW E FORMERLY IN THE PARCELNO.2* GRAVE OF WILMER THE North SIDEO OLA A ND NOW OR SAID Road, North 43 ING AT A POINT ON OF THE BEGINN TE CENTER OF Road A LAND T LINE A BY THE CENTER 5 MINUTES East 64 FEE" ApPROXIMA THENCE BY THE BANK Of S; THEI.1CE BY TO A POINT; THENCE North 15 DEGREES 1 FEET TO A POII' RRI SAID HARRIS BREECHES CREEK g5 VIA West 282-13 THE FEE YELLOW BRE TES East 167 DEGREES A POINT ON THE BANK OF THE GREES 7 MIN' AND MARIE D. S CREEK South 61 DE W SHUERGER A THE North SIDI THE YELLOW BF IO\, OR FORMERLY OF LEE O A POINT ON Tors West 241 South3 DEGRE S East ME, Fsouth 81 DEGREES 4 MIND THENCE BY LAND NOW ES 43 MINUTE SAM SHUMBERGER, GRAVEL DRIVE; THENCE BY THE SAID T THE PLACE OF BEGINNING. OF THE Y NOEL B. SMITH, FEET TO A POINT, SURVEY MADE B THE ABOVE DESCRIPTION IN TAKEN FROM A REGISTERED SURVEYOR. TITL d Tiffany Ann E TO SAID PREMISES VESTED IN Eric I. Abram Wadated 04/28/2003,brecordedh/w, by Deed from Mmes L. Shumberg24and Shirley L. Shumberger, 05/13/2003 in Book 257, Page PRF.MISE§ BEING: 1417 CREEK ROAD, BOILING SPRINGS, PA 17007-9656 PARCEL NO. 22-12-0348-004 SHORT DESCRIPTION By virtue of a Writ of Execution NO. CIVIL-09-2643 JPMORGAjN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION vs. ERIC I. ABRAMSON TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON owner(s) of property situate in the TOWNSHIP OF MONROE, Cumberland County. Pennsylvania, being (Municipality) 1417 CRE K ROAD BOILING SPRINGS PA 17007 Parcel No. 2-12-0348-004 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $151,302.41 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 09-2643 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, s/b/m to CHASE HOME FINANCE, LLC, s/b/m to CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff (s) From ERIC E. ABRAMSON and TIFFANY ANN ABRAMSON, a/k/a TIFFANY A. ABRAMSON (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: $151,302.41 L. L.: Interest from 4/2/10 to Date of Sale ($24.87 per diem) -- $22,084.56 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $370.98 Other Costs: Plaintiff Paid: Date: 6/1 /2012 David D. Buell, Prothon ry (Seal) Deputy REQUESTING PARTY: Name: LAUREN R. TABAS, 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. 93337 ???"??OTt CNDTARY ?: 53 CU'IIRERLANO Co Ut'TY ?EtaI-k5? 61NR1A Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ATTORNEY FOR PLAINTIFF JPMORGAN CHASE BANK, N.A., S/B/M TO CHASE HOME FINANCE, LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff V. ERIC I. ABRAMSON TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: CIVIL-09-2643 PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct 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 April 28, 2009. 2. Judgment was entered on April 5, 2010 in the amount of $151,302.41. A true 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 2036167 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. A Sheriffs Sale of the mortgaged property at 1417 CREEK ROAD, BOILING SPRINGS, PA 17007-9656 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendants, ERIC I. ABRAMSON and TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON, filed a Chapter 13 Bankruptcy at Docket Number 1:10-0500 on June 17, 2010. Plaintiff obtained relief from the bankruptcy stay by order of court date, August 5, 2011. A true and correct copy of the Relief Order is attached hereto, made part hereof, and marked as Exhibit "B". 5. The Property is listed for Sheriffs Sale on September 5, 2012. 6. 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 since the judgment. The amount of damages should now read as follows: Principal Balance $135,582.33 Interest Through September 5, 2012 $31,317.45 Per Diem $22.23 Legal fees $1,300.00 Cost of Suit and Title $1,719.50 Sheriffs Sale Costs $166.18 Property Inspections $70.00 Property Preservation $2,241.66 Appraisal/Brokers Price Opinion $400.30 Escrow Deficit $19,305.76 Suspense/Misc. Credits ($119.04) TOTAL $191,984.14 7. Plaintiff paid the following in taxes, hazard insurance, and mortgage insurance during the time the loan was in default. 3/20/2003 BEGINNING ESCROW BALANCE $1,075.32 5/3/2003 PAYMENT ($256.36) 5/3/2003 MORTGAGE INSURANCE $56.26 7 5/28/2003 PAYMENT ($256.36) 5/28/2003 PAYMENT ($256.36) 6/4/2003 MORTGAGE INSURANCE $56.26 6/9/2003 PAYMENT ($256.36) 6/19/2003 PAYMENT ($256.36) 6/26/2003 ESCROW REFUND $455.81 7/3/2003 MORTGAGE INSURANCE $56.26 8/4/2003 MORTGAGE INSURANCE $56.26 8/5/2003 PAYMENT ($252.35) 8/13/2003 SCHOOL TAX $1,058.00 9/4/2003 PAYMENT ($252.35) 9/4/2003 MORTGAGE INSURANCE $56.26 10/4/2003 MORTGAGE INSURANCE $56.26 10/10/2003 PAYMENT ($252.35) 11/4/2003 MORTGAGE INSURANCE $56.26 11/14/2003 PAYMENT ($252.35) 12/4/2003 MORTGAGE INSURANCE $56.26 12/13/2003 PAYMENT ($252.35) 1/3/2004 MORTGAGE INSURANCE $56.26 2/4/2004 MORTGAGE INSURANCE $56.26 2/7/2004 PAYMENT ($252.35) 3/4/2004 MORTGAGE INSURANCE $56.26 3/11/2004 FLOOD INSURANCE $713.00 3/11/2004 HOMEOWNER'S INSURANCE $363.00 3/24/2004 TOWNSHIP TAX $305.61 3/31/2004 PAYMENT ($252.35) 4/3/2004 MORTGAGE INSURANCE $56.26 4/30/2004 PAYMENT ($252.35) 5/4/2004 MORTGAGE INSURANCE $55.54 5/29/2004 PAYMENT ($252.35) 6/4/2004 MORTGAGE INSURANCE $55.54 6/17/2004 PAYMENT ($252.35) 6/26/2004 PAYMENT ($252.35) 7/3/2004 MORTGAGE INSURANCE $55.54 7/16/2004 PAYMENT ($252.35) 7/16/2004 PAYMENT ($252.35) 7/19/2004 PAYMENT ($252.35) 7/30/2004 PAYMENT ($269.31) 8/3/2004 PAYMENT ($269.31) 8/3/2004 PAYMENT ($252.35) 8/4/2004 PAYMENT ($252.35) 8/4/2004 PAYMENT ($252.35) 8/4/2004 MORTGAGE INSURANCE $55.54 203E 8/5/2004 PAYMENT ($249.31) 8/6/2004 SCHOOL TAX $1,221.75 8/10/2004 PAYMENT ($252.35) 8/13/2004 PAYMENT ($252.35) 8/16/2004 PAYMENT ($269.31) 9/4/2004 MORTGAGE INSURANCE $55.54 9/15/2004 PAYMENT ($269.31) 10/4/2004 MORTGAGE INSURANCE $55.54 10/16/2004 PAYMENT ($269.31) 11/4/2004 MORTGAGE INSURANCE $55.54 11/10/2004 PAYMENT ($269.31) 12/4/2004 MORTGAGE INSURANCE $55.54 12/23/2004 PAYMENT ($299.06) 1/4/2005 MORTGAGE INSURANCE $55.54 1/21/2005 PAYMENT ($299.06) 2/4/2005 MORTGAGE INSURANCE $55.54 2/16/2005 PAYMENT ($299.06) 3/4/2005 MORTGAGE INSURANCE $55.54 3/10/2005 FLOOD INSURANCE $768.00 3/10/2005 HOMEOWNER'S INSURANCE $390.00 3/16/2005 PAYMENT ($299.06) 3/17/2005 TOWNSHIP TAX $326.78 4/4/2005 MORTGAGE INSURANCE $55.54 4/29/2005 PAYMENT ($299.06) 5/4/2005 MORTGAGE INSURANCE $54.79 6/4/2005 MORTGAGE INSURANCE $54.79 6/21/2005 PAYMENT ($299.06) 7/2/2005 MORTGAGE INSURANCE $54.79 7/22/2005 SCHOOL TAX $1,308.47 8/4/2005 MORTGAGE INSURANCE $54.79 8/30/2005 PAYMENT ($278.46) 9/3/2005 MORTGAGE INSURANCE $54.79 10/4/2005 MORTGAGE INSURANCE $54.79 11/4/2005 MORTGAGE INSURANCE $54.79 11/10/2005 PAYMENT ($299.06) 11/10/2005 PAYMENT ($299.06) 11/10/2005 PAYMENT ($299.06) I 1 /22/2005 PAYMENT ($299.06) 11/22/2005 PAYMENT ($299.06) 11/22/2005 PAYMENT ($299.06) 11/22/2005 PAYMENT ($299.06) 11/28/2005 PAYMENT ($299.06) 11/28/2005 PAYMENT ($299.06) 2036 67 11/28/2005 PAYMENT ($299.06) 12/3/2005 MORTGAGE INSURANCE $54.79 1/4/2006 MORTGAGE INSURANCE $54.79 1/19/2006 PAYMENT ($299.06) 2/4/2006 MORTGAGE INSURANCE $54.79 3/4/2006 MORTGAGE INSURANCE $54.79 3/15/2006 FLOOD INSURANCE $768.00 3/15/2006 HOMEOWNER'S INSURANCE $399.00 3/28/2006 TOWNSHIP TAX $352.94 4/4/2006 MORTGAGE INSURANCE $54.79 4/21/2006 PAYMENT ($311.26) 4/21/2006 PAYMENT ($311.26) 5/4/2006 MORTGAGE INSURANCE $53.98 5/30/2006 PAYMENT ($311.26) 6/3/2006 MORTGAGE INSURANCE $53.98 6/27/2006 PAYMENT ($311.26) 7/3/2006 MORTGAGE INSURANCE $53.98 7/25/2006 PAYMENT ($311.26) 7/25/2006 PAYMENT ($311.26) 7/26/2006 SCHOOL TAX $1,308.47 8/4/2006 MORTGAGE INSURANCE $53.98 8/24/2006 PAYMENT ($311.26) 9/2/2006 MORTGAGE INSURANCE $53.98 9/27/2006 PAYMENT ($311.26) 10/2/2006 MORTGAGE INSURANCE $53.98 11/2/2006 MORTGAGE INSURANCE $53.98 11/9/2006 PAYMENT ($311.26) 11/9/2006 PAYMENT ($311.26) 11/29/2006 PAYMENT ($311.26) 12/2/2006 MORTGAGE INSURANCE $53.98 12/5/2006 ESCROW CREDIT ($44.31) 1/2/2007 MORTGAGE INSURANCE $53.98 1/10/2007 PAYMENT ($293.36) 2/2/2007 MORTGAGE INSURANCE $53.98 2/7/2007 PAYMENT ($289.67) 2/7/2007 PAYMENT ($289.67) 2/27/2007 FLOOD INSURANCE $830.00 3/1/2007 PAYMENT ($289.67) 3/2/2007 MORTGAGE INSURANCE $53.98 3/21/2007 TOWNSHIP TAX $364.99 3/22/2007 HOMEOWNER'S INSURANCE $373.38 3/31/2007 PAYMENT ($289.67) 4/2/2007 MORTGAGE INSURANCE $53.98 5/2/2007 MORTGAGE INSURANCE $53.13 5/3/2007 PAYMENT ($289.67) 6/2/2007 PAYMENT ($289.67) 6/2/2007 MORTGAGE INSURANCE $53.13 7/2/2007 MORTGAGE INSURANCE $53.13 7/9/2007 PAYMENT ($289.67) 8/2/2007 MORTGAGE INSURANCE $53.13 8/6/2007 PAYMENT ($289.67) 8/21/2007 SCHOOL TAX $1,308.47 9/4/2007 MORTGAGE INSURANCE $53.13 10/6/2007 MORTGAGE INSURANCE $53.13 11/6/2007 MORTGAGE INSURANCE $53.13 11/23/2007 PAYMENT ($289.67) 12/4/2007 MORTGAGE INSURANCE $53.13 1/4/2008 MORTGAGE INSURANCE $53.13 2/4/2008 MORTGAGE INSURANCE $53.13 3/4/2008 MORTGAGE INSURANCE $53.13 3/12/2008 FLOOD INSURANCE $1,158.00 3/12/2008 HOMEOWNER'S INSURANCE $433.00 4/4/2008 MORTGAGE INSURANCE $53.13 4/14/2008 TOWNSHIP TAX $364.99 5/3/2008 MORTGAGE INSURANCE $52.22 5/19/2008 ESCROW CREDIT ($1,885.86) 5/30/2008 ESCROW CREDIT ($1,176.30) 6/4/2008 MORTGAGE INSURANCE $52.22 6/11/2008 PAYMENT ($325.15) 7/3/2008 MORTGAGE INSURANCE $52.22 7/17/2008 PAYMENT ($331.88) 8/4/2008 MORTGAGE INSURANCE $52.22 8/13/2008 SCHOOL TAX $1,269.48 9/4/2008 MORTGAGE INSURANCE $52.22 9/26/2008 PAYMENT ($325.15) 10/4/2008 MORTGAGE INSURANCE $52.22 11/4/2008 MORTGAGE INSURANCE $52.22 12/4/2008 MORTGAGE INSURANCE $52.22 12/15/2008 ESCROW CREDIT ($49.00) 12/31/2008 PAYMENT ($331.88) 12/31/2008 PAYMENT ($331.88) 1/3/2009 MORTGAGE INSURANCE $52.22 2/4/2009 MORTGAGE INSURANCE $52.22 3/4/2009 MORTGAGE INSURANCE $52.22 3/11/2009 FLOOD INSURANCE $1,282.00 3/11/2009 HOMEOWNER'S INSURANCE $476.00 2036 67 4/4/2009 MORTGAGE INSURANCE $52.22 4/15/2009 TOWNSHIP TAX $380.60 5/4/2009 MORTGAGE INSURANCE $51.25 5/21/2009 MORTGAGE INSURANCE $51.25 6/4/2009 MORTGAGE INSURANCE $51.25 8/6/2009 MORTGAGE INSURANCE $51.25 8/7/2009 SCHOOL TAX $1,301.91 9/4/2009 MORTGAGE INSURANCE $51.25 10/2/2009 MORTGAGE INSURANCE $51.25 11/5/2009 MORTGAGE INSURANCE $51.25 12/4/2009 MORTGAGE INSURANCE $51.25 1/4/2010 MORTGAGE INSURANCE $51.25 2/5/2010 MORTGAGE INSURANCE $51.25 3/4/2010 MORTGAGE INSURANCE $51.25 3/10/2010 FLOOD INSURANCE $1,420.00 3/10/2010 HOMEOWNER'S INSURANCE $493.00 4/2/2010 MORTGAGE INSURANCE $51.25 4/6/2010 TOWNSHIP TAX $434.70 5/3/2010 MORTGAGE INSURANCE $50.23 6/4/2010 MORTGAGE INSURANCE $50.23 7/2/2010 MORTGAGE INSURANCE $50.23 7/31/2010 PAYMENT ($331.88) 8/4/2010 MORTGAGE INSURANCE $50.23 8/18/2010 SCHOOL TAX $1,404.07 9/4/2010 MORTGAGE INSURANCE $50.23 9/30/2010 HOMEOWNER'S INSURANCE $1,908.00 10/4/2010 MORTGAGE INSURANCE $50.23 11/4/2010 MORTGAGE INSURANCE $50.23 12/4/2010 MORTGAGE INSURANCE $50.23 1/5/2011 MORTGAGE INSURANCE $50.23 2/4/2011 MORTGAGE INSURANCE $50.23 2/19/2011 FLOOD INSURANCE $1,601.00 3/4/2011 MORTGAGE INSURANCE $50.23 4/4/2011 MORTGAGE INSURANCE $50.23 4/14/2011 TOWNSHIP TAX $441.23 5/5/2011 MORTGAGE INSURANCE $49.15 6/3/2011 MORTGAGE INSURANCE $49.15 6/14/2011 HOMEOWNER'S INSURANCE $1,908.00 7/2/2011 MORTGAGE INSURANCE $49.15 8/4/2011 MORTGAGE INSURANCE $49.15 8/11/2011 SCHOOL TAX $1,501.66 9/3/2011 MORTGAGE INSURANCE $49.15 10/3/2011 MORTGAGE INSURANCE $49.15 11/4/2011 MORTGAGE INSURANCE $49.15 12/5/2011 MORTGAGE INSURANCE $49.15 1/4/2012 MORTGAGE INSURANCE $49.15 2/3/2012 MORTGAGE INSURANCE $49.15 2/21/2012 FLOOD INSURANCE $1,712.00 3/23/2012 MORTGAGE INSURANCE $49.15 4/4/2012 MORTGAGE INSURANCE $49.15 4/6/2012 TOWNSHIP TAX $450.33 5/4/2012 MORTGAGE INSURANCE $47.99 6/2/2012 MORTGAGE INSURANCE $47.99 6/8/2012 HOMEOWNER'S INSURANCE $1,908.00 TOTAL $19,305.76 8. Plaintiff incurred the following property preservation costs during the time the was in default. 9/28/2010 YARD MAINTENANCE $470.00 6/9/2011 YARD MAINTENANCE $429.33 7/27/2011 YARD MAINTENANCE $429.33 7/27/2011 YARD MAINTENANCE $535.00 10/21/2011 WINTERIZATION $100.00 5/30/2012 YARD MAINTENANCE $290.00 6/21/2012 YARD MAINTENANCE $278.00 TOTAL $2,241.66 9. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 10. 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. 11. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff s attached brief. 12. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a cop) its proposed Motion to Reassess Damages and Order to the Defendant on July 23, 2012 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the 203667 A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 13. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: Phelan H ' z ieg, LLP By: Allison F. Wells, Esquire ATTORNEY FOR PLAINTIFF 203 Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 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, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff V. ERIC L ABRAMSON TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: CIVIL-09-2643 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE ERIC I. ABRAMSON and TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON executed a Promissory Note agreeing to pay principal, interest, late charges, real) estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 1417 CREEK ROAD, BOILING SPRINGS, PA 17007-9656. 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 promised monthly mortgage payments. Accordingly, after it was clear that the default would not cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed outdated and need to be adjusted to include current interest, real estate taxes, insurance premii costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mort; in order to protect its interests. It is also appropriate to give Defendants credit for mot 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 the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319,321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. 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 protec 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 20 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality; Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule 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 n 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. " Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of princi and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagc 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 Sheriff s Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 203, Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on t 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 i to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 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 sal 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 I 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 monies for taxes and insurance and charge these payments against the escrow account. Plaintiff simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The Plaintiffs 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 Shopping C. enter, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's of ten 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 of ten percent include 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. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred the foreclosure action. The amount claimed for the costs of suit and title are the expenses paid to date as a result of the mortgage default. 2036167 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 sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129. and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, 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 the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs suit and title in their entirety, which will not cause harm to the Defendants. 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 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 ha a vendor visit the premises to determine if any windows need to be boarded up, if the property vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals an, problems at the mortgaged premises, then the mortgage company may proceed to take whatev 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 paic out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. 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 tr 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 203967 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 with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 4eW \2--- Phelan Hallinan & Esquire Attorney for 203 Exhibit "A" Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Attorn fQr auntiff Francis S. Hallinan, Esq., Id. No. 62695 i , "Rtv AN iSt?.? J s, Dan el G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 '' Judith T. Romano, Esq.; Id. No. 58745 Sheetal R. Shah-Jani, E'sq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq.,,Id. No. 202331 0 Jay B. Jones, Esq., Id. No. 86657 K Peter J. Mulcahy, Esq., Id. No. 61791 IM 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, S/B/M[ CUMBERLAND COUNTY TO CHASE MANHATTAN MORTGAGE CORPORATION COURT OF COMMON PLEAS VS. )l L:R1.??ISION . ERIC L ABRAMSON : No. S4? : °423" TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: :ry ? C r "Q Kindly enter judgment in favor of the Plaintiff and against ERIC L ABRAMSON, and TIFFANY ANN ABRAMSON AdgA- TIFFANY A. ABRAMSON, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: i As set forth in Complaint $143,735.93 Interest - 04/28/2009 to 04/01/2010 $7,566.48 TOTAL $151,302.41 I hereby certify that (1) the Defendants' last known address is 14 7 CREEK ROAD. BOILING SPRINGS, PA 17007-9656, and (2) that notice has been a accordance with Rule 237. 1, copy attached. Lawren66 elan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenne 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. FIiakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS # 203667 PROTHONO ARY Exhibit "B" UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Eric I Abramson and Tiffany A. Abramson Debtors. CHAPTER 13 BANKRUPTCY CASE NUMBER 1-10-bk-05003/MDF JPMorgan Chase Bank, National Association Movant, V. Eric I Abramson and Tiffany A. Abramson Debtors, Charles J. DeHart, III, Trustee, Additional Respondent(s) 11 U.S.C. § 362 ORDER Upton the consideration of the Motion of Movant for Relief from the Automatic Stay (the "Motion"), and the failure of Debtors to file an answer, appear or otherwise respond to the Motion, and for good cause shown, it is ORDERED AND DECREED that the Automatic Stay of all proceedings, as provided under Section 362 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the "Code"), I I U.S.C. § 362, is lifted to allow Movant, or its successors, if any, to proceed with, or to resume proceedings in Mortgage Foreclosure, including, but not limited to Sheriffs or Marshal's Sale of 1417 Creek Road, Boiling Springs, PA 17007; and to take action, by suit or otherwise as permitted by law, in its own name or the names of its assignee, to obtain possession of said premises. By the Court, Chief 9anktt " WQ) Dated: August 5, 2011 Case 1:10-bk-05003-MDF Doc 41 Filed 08/05/11 Entered 08/05/11 09:27:25 Main Document Paqe 1 of 1 Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey July 23, 2012 ERIC I. ABRAMSON TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON 1417 CREEK ROAD BOILING SPRINGS, PA 17007-9656 ERIC 1. ABRAMSON TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON 66 NORTH OLD STONEHOUSE ROAD CARLISLE, PA 17015-9785 RE: JPMORGAN CHASE BANK, N.A., S/B/M TO CHASE HOME FINANCE, LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION v. ERIC I. ABRAMSON and TIFFANY ANN ABRAMSON, A/K/A TIFFANY A. ABRAMSON Premises Address: 1417 CREEK ROAD BOILING SPRINGS, PA 17007 CUMBERLAND County CCP, No. CIVIL-09-2643 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, by July 30, 2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, na^ e S, ,squire Attorney for Plaintiff Enclosure 20 Name and Phohm Hallinan do Schmim LLP 11 Address 1617 JFK Boulevard, Suits 1400 W 00 j Of Sender One Penn Curter Plana VPr' PhihWolphia, PA 19103 AMO Line Article Number Name of Addrume. Street, and Pat Oboe Addreea Po ` 1 •••• ERIC L ABRAMSON $0.45 TIFFANY ANN ABRAMSON 1417 CREEK ROAD BOELINGSPRIN PA 17007-9656 2 •••* ERIC L ABRAMSON $0.45 TIFFANY ANN ABRAMSON 66 NORTH OLD STONEHOUSE ROAD CARU" PA 170154715 RE: ERIC L ABRAMSON CUMBERLAND PHSN 203667 Pap 1 of I 50.90 TOWN=b..( T.W)i-"afPiaoes P.t.e.teer. P.(Naee.f 7wfaadwWwde.efmdwirw?xindaa9d@mm*d&wvW ad naMwdra. Timm Pieeer Lind by Seadw Rommel W Paw Oahe RadviuEmpiu)ee) for rir neoarrwtlradaaapaLWdesaorurwdrtbpi?l 7dro?rw nooawnatioa iq 'Rr?sieidr?ilMrdMa?tr'30eefm of .d apdaYieraaee. a900.aDU W N31 forYwYKoad NN 7 N' b o? h ?N a N? oo° • Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 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, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff v. ERIC 1. ABRAMSON TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: CIVIL-09-2643 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 belov ERIC I. ABRAMSON ERIC I. ABRAMSON TIFFANY ANN ABRAMSON TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON A/K/A TIFFANY A. ABRAMSON 1417 CREEK ROAD 66 NORTH OLD STONEHOUSE ROAD BOILING SPRINGS, PA 17007-9656 CARLISLE, PA 17015-9785 Phelan Hallin elm ' , DATE: By: Allison ells, Esquire ATTORNEY FOR PLAINTIFF 203667 JPMORGAN CHASE BANK, N.A. IN THE COURT OF COMMON PLEAS OF S/B/M TO CHASE HOME CUMBERLAND COUNTY, PENNSYLVANIA FINANCE, LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION, PLAINTIFF rrIM V. ERIC I. ABRAMSON, TIFFANY ANN ABRAMSON wi=t A/K/A TIFFANY A. ABRAMSON DEFENDANTS NO. 09-2643 CIVIL c tv ORDER OF COURT AND NOW, this 7th day of August, 2012, upon consideration of the Plainti ff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested shou not be granted; 2. The Defendants will file an answer on or before August 31, 2012; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, ?-Jk ?14 M. L. Ebert, Jr., J. /Allison F. Wells, Esquire Attorney for Plaintiff Eric I. Abramson pl"Tiffany Ann Abramson Defendants etp; es ;led f/ki/z C-1 C-7 bas ,ve- ~- I~,~C!-0~~1 Phelan Hallihan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519~~ ~ ~ dUG ~ 1 AM t0~ ~'k'TORNEY FOR PLAINTIFF 1617 JFK Boulevazd, Suite 1400 ~, ~~ ~~ ~~ ~ ~. Y One Penn Center Plaza ~~~~~Yi.VA~ Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK,~N.A., SB/M TO Court of Common Pleas CHASE HOME FINANCE, LLC, SB/M TO CHASE MANHATTAN MORTGAGE Civil Division CORPORATION _ vs. Plaintiff ERIC I. ABRAMSON TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON Defendants CUMBERLAND County No.: CIVIL-09-2643 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's August 8, 2012 Ruffle the Defendants to show cause as to why Plaintiff s Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. ERIC I. ABRAMSON TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON 1417 CREEK ROAD BOILING SFRINGS, PA 17007-9656 ERIC I. ABRAMSON TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON 66 NORTH OLD STONEHOUSE ROAD CARLISLE, PA 17015-9785 Phel an chmieg, LLP DATE: Allison F. Wells, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 215-50-7000 JPMOR.GAN CHASE BANK, N.A., S/B/M TO CHAS HOME FINANCE, LLC, S/B/M TO CHAS MANHATTAN MORTGAGE CORPOI,RATION _OFFICE Tl1-?'1"0;3 `'A3r";LAf?D COUNTY "4S YLWkNIA CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff vs. ERIC I. iABRAMSON TIFFANY ANN ABRAMSON A/K/A fIFFANY A. ABRAMSON Defendants NO. CIVIL-09-2643 MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, petitions this Honorable Court for an Ofder directing service of the Notice of Sale upon the above-captioned Defendants, ERIC ABRAMSON and TIFFANY ANN ABRAMSON, A/K/A TIFFANY A. ABRAMSON, by certified !mail and regular mail to ERIC I. ABRAMSON at, 1417 CREEK ROAD, BOILING SPRINGS, PA 17007-9656, and TIFFANY ANN ABRAMSON, A/K/A TIFFANY A. ABRAMSON at, 1417 CREEK ROAD, BOILING SPRINGS, PA 17007-9656 and posting 1417 CREEK ROAD, BOILING SPRINGS, PA 17007-9656 and publication pursuant to PA.R.C.P. 3129.2 (0) and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for November 7, 2012. 7. Plaintiff submits that it has made a good faith effort to locate the Defendants, ERIC I. ABRAMSON and TIFFANY ANN ABRAMSON, A/K/A TIFFANY A. ABRAMSON, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendants in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to ERIC I. ABRAMSON at, 1417 CREEK ROAD, BOILING SPRINGS, PA 17007-9656, and TIFFANY ANN ABRAMSON, A/K/A TIFFANY A. ABRAMSON at, 1417 CREEK ROAD, BOILING SPRINGS, PA 17007-9656 and posting 1417 CREEK ROAD, BOILING SPRINGS, PA 17007-9656 and by publication. DATE: chmieg, LLP & S Ph7M37 By: Ma hew , Esquire A orney fo aintiff PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, N.A., S/B/M TO CHASE!HOME FINANCE; LLC, S/B/M TO CHASE! MANHATTAN MORTGAGE CORPORATION Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION vs. ERIC 1. ABRAMSON TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRA.MSON Defendants NO. CIVIL-09-2643 PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure, Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendants Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P., Rule 3129.2 (c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days b0fore the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the Notice shall be made: (i) upon. a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402 (a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy of the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in the subparagraph (A) or (13), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendants, ERIC I. ABRAMSON and TIFFANY ANN ABRAMSON, A/K/A TIFFANY A. ABRAMSON, are unknown, a reasonable investigation of their last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure, Rule 430 (a) provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriff s Return or Affidavit of Service of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs.Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address. Adoption of Walker, 468 Pa. 165,360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the defendant and (3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the attached Affidavit of Return of Service, marked hereto as Exhibit "A", the Process Server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendants has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendants in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to ERIC I. ABRAMSON at, 1417 CREEK ROAD, BOILING SPRINGS, PA 17007-9656, and TIFFANY ANN ABRAMSON, A/K/A TIFFANY A. ABRAMSON at, 1417 CREEK ROAD, BOILING SPRINGS, PA 17007-9656 and posting 1417 CREEK ROAD, BOILING SPRINGS, PA 17007-9656 and by publication pursuant to PA.R.C.P. 3129.2. DATE: Ph an llinan & Schmieg, LLP )nA Q, By: Ma hew rus _Wood, Esquire Attorney laintiff PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff One Pern Center Plaza, Suite 1400 Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, N.A., SB/M TO CHASE] HOME FINANCE, LLC, S/B/M TO CHASE- MANHATTAN MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff vs. ERIC 1. ABRAMSON TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON Defendants NO. CIVIL-09-2643 CERTIFICATE OF SERVICE I Thereby certify that a true and correct copy of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Servide and Exhibits in the above captioned matter was sent by first class mail, postage prepaid to the following interested parties on the date indicated below. ERIC I. ABRAMSON 1417 CREEEK ROAD BOILING SPRINGS, PA 17007-9656 DATE: TIFFANY ANN ABRAMSON, A/K/A TIFFANY A. ABRAMSON 1417 CREEK ROAD BOILING SPRINGS, PA 17007-9656 Phelan Hallinan & Schmieg, LLP By: a)= Ma hew bjjAwood, Esquire Attorney for Plaintiff EXHIBIT "A" W. AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC, SB/M TO CHASE PHS # 203667 MANHATTAN MORTGAGE CORPORATION DEFENDANT SERVICE TEAM/ lxh ERIC f„ ABRAMSON COURT NO.: CIVIL-09-2643 TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON SERV TIFFANY ANN ABRAMSON A/K/A TIFFANY A. TYPE OF ACTION ABR SON AT: XX Notice of Sheriffs Sale 1417 C EEK ROAD SALE DATE: September 5, 2012 BOILIIIdG SPRINGS, PA 17007-%56 SERVED Served and made known to TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON, Defendant on the day of , 20 _, at . o'clock _. M., at in the manner described below: - Defendant personally served. - Adult family member with whom Defendant(s) reside(s). ;Relationship is _ _ Adt11t in charge of Defendant's residence who refused to give name or relationship. - Maihager/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 Height Weight Race Sex Other 1, , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice pf Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicatq I d above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworp falsification to authorities. DATE: NAME: PRINTED NAME: TITLE: NOT SERVED On the day of 20 i7%at o'clock?. M., Defendant NOT FOUND because: acant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: I undetstand that this statement. is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. BY: -t ,M PRINTED NAME: ATTORNEY FOR PLAINTIFF 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 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY JPM09GAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CSE HOME FINANCE, LLC, SB/M TO CHASE PHS # 203667 MANHATTAN MORTGAGE CORPORATION DEFENDANT SERVICE TEAM/ Ixh ERIC t ABRAMSON COURT NO.: CIVIL-09-2643 TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON SERV ERIC I. ABRAMSON AT: 1417 CEK ROAD BOILING SPRINGS, PA 17007-9656 TYPE OF ACTION XX Notice of Sheriffs Sale SALE DATE: September 5, 2012 SERVED Served and made known to ERIC I. ABRAMSON, Defendant on the _ day of , 20 at d clock _. M., at in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). -kelationship is _ _ Adt It 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 Height Weight Race Sex Other I, , a competent adult, hereby verify 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. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswor' falsification to authorities. DATE: NAME: PRINTED NAME: TITLE: r f NOT SERVED On the 6 day of 20 11at 2- o'clock f. M., Defendant NOT FOUND because: X Vacant , Does Not Exist - Moved _ Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINT81) NAME: ATTORNEY FOR PLAINTIFF 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 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY JP ORGAN CHASE BANK, N.A., S/B/M TO CHASE HOME FI ANCE, LLC, SB/M TO CHASE MANHATTAN MORTGAGE PHS # 203667 C RPORATION DEFENDANT SERVICE TF,AM/ lath E C 1. ABRAMSON COURT NO.: CIVIL-09-2643 TI?FANY ANN ABRAMSON A/K/A TIFF ANY A. ABRAMSON SE VE ERIC I. ABRAMSON AT: TYPE, OF ACTION 66 ORTH OLD STONE HOUSE ROAD XX Notice of Sheriffs Sale CA LISLE, PA 17015-9785 SALE DATE: September 5, 2012 _ . ;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. _ ? 4anager/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,. ther: DesLription: Age Height Weight Race. Sex Other. SERVED Served and made known to ERIC I. ABRAMSON, Defendant on the _ day of , 20 at o'clock M at , in the manner described below; I, a competent adult, hereby verify that I personally handed a true and correct copy of the Note of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indi ated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswvorn falsification to authorities. DAVE: NAME: PRINTED NAME; TITLE: -T NOT SERVED On tine 14? day of 20L at 1 t 0r o'clock A. M., Uetbo ant NOT FOUND because: Vacant _ Does Not Exist Moved ? hirers Not Reside (Not Vacant) No Answer on at at Service Refused Other I ut?dersttuf?ti this statement is made subject to Palsi catic+t ttaat xties. the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn TORNEY Ror .!-, N10(} PRINTED NAME: AT FOR PLAIN III+F 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 Jenine R. Davey, Esq., Id. No. 87077 Lauren R Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 ?L? PLAINTIFF JP ORGAN CHASE BANK, N.A., S/B/M TO CHASE HOME F ANCE, LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION DEFENDANT E4C 1. ABRAMSON TIIVANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON SE VE TIFFANY ANN ABRAMSON A/K/A TIFFANY A. AB AMSON AT: 66 ORTH OLD STONEHOUSE ROAD CA, ISLE, PA 17015-9785 PHS # 203667 SERVICE TEAM! Ixh COURT NO.: CIVIL-09-2643 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: September 5, 2012 SERVED Seared and made known to TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON, Defendant on the day' of _ 20 at oclock _. M., at in the manner described below: 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 Height Weight ___ Race Sex Other I, , a competent adult, hereby verify that I personally handed a true and correct copy of the Nof e of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswrorn falsification to authorities, DA'R'E: -........ ------- NAME: __ ._ ____?_... ? ............_.__.._.._.__._,. PRINTED NAME: TITLE: iA NO'I' SERVE On the 14'Nay of L4I 20A at'h+so'clock A. M., Defend lit NOT FOUND because: Vacant Does Not Exist Moved Does Not Reside (Not Vacant) No Answer on at at Y Service Refused Other: I to lemand that this statement is nadc subject to the penalties of 18 Pa. falsi cati oeiticr. r BY: PRI TED NAME: __,,._ Rt?Ilidld 1 ATTORNEY FOR PLAINTIFF 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 Jenne R. Davey, Esq., id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 80657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY C.S. Sec. 4904 relating to unsworn Process Server Check List If Service Is Made: Spouses Names if Applicable Wife Husband: Divorced: Yes { ) No { ) ---------------------------------------- ------------------- ------------------- No ServicO MOg 1. Vacant: Yes { ) No ( L/) 2. Is'there a name on the mailbox? is it the defendants? V r?S , NO 3. NOi?r Contact: Yes ( v) No rs7 . ?Cc uP T (Tt F" Pijy`s 5 R4!ght--94 AVic,!Nr-b ?v Peev(4,Eb 4. For Sale Sign: Yes { ) No {` t/ } Realtor Name: Company Name: Phone Number: 5. Car in Drive Way Yes ( V) No { } Plate Number:IU ?Q(I EXHIBIT "B" AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 203667 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Eric I. Abramson & Tiffany Ann Abramson 11roperty Address: 1.417 Creek Road, Boiling Springs, PA 17007 I'lossible Mailing Address: 66 North Old Stonehouse Road, Carlisle, PA 17015 I9 CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Eric I. Abramson - xxx-xx-5217 Tiffany Ann Abramson - xxx-xx-9810 B. EMPLOYMENT SEARCH Eric I. Abramson & Tiffany Ann Abramson - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Eric I. Abramson & Tiffany Ann Abramson reside(s) at 1417 Creek Road, Boiling Springs, PA 17007. Ill. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which indicated that Eric I. Abramson & Tiffany Ann Abramson reside(s) at: 66 North Old Stonehouse Road, Carlisle, PA 17015, On 06- 13-12 our office made several telephone calls to the subjects' phone number (717) 254-6390 and received the following information: answering machine. B. On 06-13-12 our office made several telephone calls to a possible phone number of the subject(s) (717) 379-3250 and received the following information: answering machine. On 06- 13-12 our office made several telephone calls to a possible phone number of the subject(s) (717) 697-0353 and received the following information: answering machine. Ill. INQUIRY OF NEIGHBORS On 06-13-12 our office made a phone call in an attempt to contact Cathy J. Trexler (717) 249- 1545,1411 Creek: Road, Boiling Springs, PA 17007: spoke with an unidentified female who could not confirm that the subjects reside(s) at 1417 Creek Road, Boiling Springs, PA 1.7007. On 06-13-12 our office made a phone call in an attempt to contact Scott A. Shea (717) 243-2917, 1407 Creek Road, Boiling Springs, PA 17007: spoke with an unidentified female who could not confirm that the subjects reside(s) at 1417 Creek Road, Boiling Springs, PA 17007. On 06-13-12 our office made a phone call in an attempt to contact Walter F. Chronister (717) 258-6552,1401 Creek Road, Boiling Springs, PA 17007: spoke with an unidentified male who could not confirm that the subjects reside(s) at 1417 Creek Road, Boiling Springs, PA 17007. On 06-1.3-12 our office made a phone call in an attempt to contact Rebecca G. Griffiths (717) 790-0637,64 North Old Stonehouse Road, Carlisle, PA 17015: not in service. On 06-13-12 our office made several phone calls in an attempt to contact Courtney Wilfong (717) 766-9518, 68 North Old Stonehouse Road, Carlisle, PA 17015: answering machine. On 06-13-12 our office made several phone calls in an attempt to contact Mary M. Pressley (717) 766-9152,62 North Old Stonehouse Road, Carlisle, PA 17015: answering machine. INV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 06-13-12 we reviewed the National Address database and found the following information: Eric I. Abramson & Tiffany Ann Abramson - 66 North Old Stonehouse Road, Carlisle, PA 17015. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: 66 North Old Stonehouse Road, Carlisle, PA 17015. V. OTHER INQUIRIES A. DEATH RECORDS As of 06-13-12 Vital Records and all public databases have no death record on file for Eric I. Abramson & Tiffany Ann Abramson. VI. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Eric I. Abramson -1974 Tiffany Ann Abramson -1980 B. A.K.A. Eric A. Abramson; Eric Ian Abramson Tiffany E. Abramson; Tiffany Ann Templin; Tiffany I. Abramson * Our accessible databases have been checked and cross-referenced for the above named individuaI(s). * Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my ledge, information and belief and that this affidavit of investigation is made subject to the ties of 18 Pa C.S. Sec. 4904 relating to unworn falsification to authorities. 'Chr atxwc ink rmalitm is obtained from available public records and we are only liable for the cost of the affidavit, EXHIBIT "C" ipne and I'M FLllioes t Scbmie5, LLP Ukkm 1617 BoWOverd, Suite 1400 )'Sender CmMrPlm PA 19103 LXR Joe Ardde Number Nmie et Brad Pod OIDee Addrea 1 •••• TIIrF ANNAIRAM ON 1417 AMAD G WRUW& PA 17007-9656 2 •••• EMC AIBAIN T 1417 ROAD 141 G SPR 96 IN PA 17007.66 3 aaaa RM L ABRAMSON CUMBERLAND TRAM 4 PUN 203667 Pon I of 1 e«ureye.a?. eealNi Rt0e1M . r"r.'Wr,wrQlrt lerideeBylsyM) Yi?iYrerwY?ieyrYdeeir <rrMwrrY?eY?tererrW?i?? riw a?M Y a Y.lereq/ee ?r ?r 7bira ii?irA?Y i WAre k Ite00 eel en Jl`Il.V1?1C81\l.L' LE11r4rR L.-%n l;VUr 1U10 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail lily.hainey@fedphe.com LILY11HAINEY, Legal Assistant, Ext. 1401 Representing Lenders in Service Department Pennsylvania and New Jersey August 7, 2012 ERICIL ABRAMSON 1417 REEK ROAD BOILING SPRINGS, PA 17007-9656 RE: JPMORGAN CHASE BANK, N.A., SB/M TO CHASE HOME FINANCE, LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION v. ERIC I. ABRAMSON and TIFFANY ANN ABRAMSON Premises Address: 1417 CREEK ROAD, BOILING SPRINGS, PA 17007-9656 CUMBERLAND County, No. CIVIL-09-2643 Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week by August 14, 2012. Should you have any further questions or concerns, please do not hesitate to contact me. ise, please be guided accordingly. ti truly your, -- UW4--• Y ' IHATNEY, Legal A?ss tent P lan, Hallinan & Schmieg LLP 203667 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail lily.hainey@fedphe.com LILY HAINEY, Legal Assistant, Ext. 1401 Representing Lenders in Servir,e Department Pennsylvania and New Jersey August 7, 2012 TIFFANY ANN ABRAMSON, A/K/A TIFFANY A. ABRAMSON 1417 CREEK ROAD BOI614G SPRINGS, PA 17007-9656 RE: JPMORGAN CHASE BANK, N.A., SB/M TO CHASE HOME FINANCE, LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION v. ERIC I. ABRAMSON and TIFFANY ANN ABRAMSON Premises Address: 1417 CREEK ROAD, BOILING SPRINGS, PA 17007-9656 CUMBERLAND County, No. CIVIL-09-2643 Dear; Defendants, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one weeX, by August 14, 2012. Should you have any further questions or concerns, please do not hesitate to contact me. se, please be guided accordingly. yours, ... , -0-1 - --? Hallinan & Schmieg LLP 203667 ~~ ,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, N.A., S/B/M TO CHASE HOME FINANCE, LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION CIVIL DIVISION NO. CIVIL-09-2643 Plaintiff vs. ERIC I. ABRAMSON TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON Defendants ORDER AND NOW, this ~•''l ~ day of _~ ~ ~~} ~~ , 2012, after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendants ERIC I. ABRAMSON and TIFFANY ANN ABRAMSON, A/K/A TIFFANY A. ABRAMSON by: ~{ ,"~~ REGULAR MAIL TO, ERIC I. ABRAMSON at, 1417 CREEK ROAD, BOILING SPRINGS, PA 17007-9656, and TIFFANY ANN ABRAMSON, A/K/A TIFFANY A. ABRAMSON at, 1417 CREEK ROAD, BOILING SPRINGS, PA 17007-9656, SERVICE BY MAIL IS COMPLETE UPON THE DATE OF MAILING .I~ ~'~~, CERTIFIED MAIL TO, ERIC I. ABRAMSON at, 1417 CREEK ROAD, BOILING SPRINGS, PA 17007-9656, and TIFFANY ANN ABRAMSON, A/K/A TIFFANY A. ABRAMSON at, 1417 CREEK ROAD, BOILING SPRINGS, PA 17007-9656, SERVICE BY MAIL IS COMPLETE UPON THE DATE OF MAILING ~~ POSTING 1417 CREEK ROAD, BOILING SPRINGS, PA 17007-9656 ~~~ PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.RC.P. 3129.2 (D). PHS # 203667 BY THE COURT: J. / CC PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 ERIC I. ABRAMSON, and TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON 1417 CREEK ROAD, BOILING SPRINGS, PA 17007-9656 c -~, ~~;es ,rk.a. /mod ~~ ~~~ ~'' ~ ~ N ~~° a ~ ~~ LE:'P-CiFFE%:: r iy PR G ! HONO TAR ,-1 2 SEP - 7 AM 10: 10 CUMK RLAND COUNTY rfFPdNSYLVAtiIA Phelan liallinan & Schmieg, LLP Matthe Bru shwood, Esq., Id. No.310592 1617 JF? ul evard, Suite 1400 One Penh Center Plaza Philadelphia, PA 19103 215-5634000 ATTORNEY FOR PLAINTIFF JPMORGAN CHASE BANK, N.A., S/B/M TO CHASEHOME FINANCE, LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff vs. ERIC I. ABRAMSON TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: CIVIL-09-2643 MOTION TO MAKE RULE ABSOLUTE IPMORGAN CHASE BANK, N.A., S/B/M TO CHASE HOME FINANCE, LLC, S/B/M `P'O CHASE MANHATTAN MORTGAGE CORPORATION, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-c4ptioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on August 6, 2012. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on July 23, 2012 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendannts. True and correct copies of Plaintiff's letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable M. L. Ebert, Jr. on or about August 8, 2012 directing; the Defendants to show cause by August 31, 2012 why the Motion to Reassess 203667 Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on August 16, 2012 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. Defendants failed to respond or otherwise plead by the Rule Returnable date of August 1, 2012. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause al solute and grant Plaintiff's Motion to Reassess Damages. Ph allinan & Schmieg, LLP DATE: ?--- By: a B wood, Esquire Atto r Plaintiff 203667 Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP July t3, 2012 ERIC I. ABRAMSON TIVIFANY ANN ABRAMSON A/I /A TIFFANY A. ABRAMSON 141;7 CREEK ROAD BOILING SPRINGS, PA 17007-9656 Representing Lenders in Pennsylvania and New Jersey ERIC I. ABRAMSON TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON 66 NORTH OLD STONEHOUSE ROAD CARLISLE, PA 17015-9785 RE: JPMORGAN CHASE BANK, N.A., S/B/M TO CHASE HOME FINANCE, LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION v. ERIC I. ABRAMSON and TIFFANY ANN ABRAMSON, A/K/A TIFFANY A. ABRAMSON Premises Address: 1417 CREEK ROAD BOILING SPRINGS, PA 17007 CUMBERLAND County CCP, No. CIVIL-09-2643 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 respdnd to me within 5 days, by July 30, 2012. Should you have further questions or concerns, please do not hesitate to contact me. Othell•wise, please be guided accordingly. T Verytruly yours, -" :"t Tls, '/( ticlui e for Plaintiff Enclosure 203667 Name and Pholm Hallmm do Schmic& LLP Addrcu 1617 JFK Boulevard, Suite 1400 Of Sender One Pao Curter Plana Philadabbia, PA 19103 AMO 2 d? pl ?" s: ti Line Article Num NavDe of Addrames, Street, and Pat Office Addrem P 1 ""• ERIC L ABRAMSON S0.4S TIFFANY ANN ABRAMSON 1417 CREEK ROAD BOIIdNG SPRIN PA 17007-%56 2 "••" ERIC L ABRAMSON $0.45 TIFFANY ANN ABRAMSON 66 NORTH OLD STONEHOUSE ROAD CARLISLE, PA 17015.90M RE: ERIC L ABRAMSON CUMBERLAND PHSM 203667 Pay l of 1 50.90 Tod Nwbw ar Tad N®4>erWmes PwueroQPv (N?of The IW dwbdm Q(Wn h n*ivd ON as dowk¦d i mAmd remised no. TMw Pwo Lined by Sand" Recaivd of Fm Off= R-dviV ) Ia ale?woa/wW?.dsvyaY6le fto ? wdara mman* oal?aeooNnstiw is pMaeabjbx alirtdfxuwpffmo L Aasaimidooilywe'dlc=bp r Tbsnls_ii?YyMlrMsSnAWfarraplse'mWLamwith g*b adiearame. se? A90a fe13 rd f1f21 fen Saelniaea of 20 p ;n E N? ~' b I o? ? N ?NA f _-ff im NO 00 Exhibit "B" JPMORGAN CHASE BANK, N.A. S/B/I TO CHASE HOME FINAt4CE, LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION, PLAINTIFF V. ERIC I. ABRAMSON, TIFF NY ANN ABRAMSON A/K/ TIFFANY A. ABRAMSON DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA c _ c ; c= _ 4 NO. 09-2643 CIVIL ORDER OF COURT AND NOW, this 7 hday of August, 2012, upon consideration of the Plaintiffs Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not b?e granted; 2. The Defendants will file an answer on or before August 31, 2012; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be mado Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. Alliso F. Wells, Esquire Attorney for Plaintiff Eric 1, Abramson Tiffs y Ann Abramson Defendants bas By the Court, M. L. Ebert, Jr., J. Exhibit "C" Phelan Haliinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 161? JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JP ORGAN CHASE BANK, N.A., SB/M TO CHASE HOME FINANCE, LLC, SB/M TO CFU,SE MANHATTAN MORTGAGE CORPORATION Plaintiff vs. ERI 1. ABRAMSON TIF ANY ANN ABRAMSON A/ A TIFFANY A. ABRAMSON Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County ? No.: CIVIL-09-26"2,-? - mm q, C X - r v CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's August 8, 2012 Rule directing the Defendants to show cause as tp why Plaintiffs Motion to Reassess Damages should not be gran?ted was served upon the following individuals on the date indicated below. ERIC I. ABRAMSON ERIC I. ABRAMSON TIFFANY ANN ABRAMSON TIFFANY ANN ABRAMSON A TIFFANY A. ABRAMSON A/K/A TIFFANY A. ABRAMSON 141 CREEK ROAD 66 NORTH OLD STONEHOUSE ROAD BOILING SPRINGS, PA 17007-9656 CARLISLE, PA 17015-9785 Phelan. Flallxri"an ,&--Schm cg, LLP DALE f. may. Allison F. WON, Esquire Attorney for Plaintiff 203667 Phelan Tullman & Schmieg, LLP Matthew' Brushwood, Esq., Id. No.310592 1617 JFI' Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-56317000 JPMORC,,JAN CHASE BANK, N.A., S/B/M TO CHASE HOME FINANCE, LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff vii. ERIC I. ABRAMSON TIFFANY ANN ABRAMSON A/K/A TFFANY A. ABRAMSON Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: CIVIL-09-2643 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute were served upon the following indivi ERIC I. ABRAMSON TIFFAN?' ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON 1417 CREEK ROAD BOILIN(T SPRINGS, PA 17007-9656 duals on the date indicated below. ERIC L ABRAMSON TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON 66 NORTH OLD STONEHOUSE ROAD CARLISLE, PA 17015-9785 mieg, LLP 4o; linan & Sch DATE: r Plaintiff 203667 0 TA PHELAN HALLINAN & SCHMIEG, LLP 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 CHASE HOME FINANCE, LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION LENT 24 SAND COUNTNif Di"SYLa?ANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION NO. CIVIL-09-2643 VS. ERIC I. ABRAMSON TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON Defendants AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to ERIC I. ABRAMSON and TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON on SEPTEMBER 5, 2012 in accordance with the Order of Court dated AUGUST 24, 2012. The property was posted on SEPTEMBER 16, 2012. Publication was advertised in THE CUMBERLAND LAW JOURNAL on SEPTEMBER 14, 2012 & in THE CUMBERLAND LAW JOURNAL on SEPTEMBER 14, 2012. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. Schmieg, LLP DATE: Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff A 1N THE COURT OF COMb4ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, N.A., S/B/M TO CHASE HOME FINANCE, LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION CIVIL DIVISION NO. CIVIL-09-2643 Plaintiff VS. ERIC I. ABRAMSON TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON Defendants ORDER AND NOW, this d w'A day of Ar? , 2012, after 01 consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendants ERIC I. ABRAMSON and TIFFANY ANN ABRAMSON, A/K/A TIFFANY A. ABRAMSON by: Moe' REGULAR MAIL TO, ERIC L ABRAMSON at, 1417 CREEK ROAD, BOILING SPRINGS, PA 17007-9656, and TIFFANY ANN ABRAMSON, A/K/A TIFFANY A. ABRAMSON at, 1417 CREEK ROAD, BOILING SPRINGS, PA 17007-%56, SERVICE BY MAIL IS COMPLETE UPON THE DATE OF MAILING ? M L? CERTIFIED MAU, TO, ERIC I. ABRAMSON at,1417 CREEK ROAD, BOILING SPRINGS, PA 17007-%56, and TIFFANY ANN ABRAMSON, A/K/A TIFFANY A. ABRAMSON at, 1417 CREEK ROAD, BOILING SPRINGS, PA 17007-%56, SERVICE BY MAIL IS COMPLETE UPON THE DATE OF MAILING ? P, 1-4' POSTING 1417 CREEK ROAD, BOILING SPRINGS, PA 17007-9656 Of 1,0' PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). BY THE COURT: J. PHS # 203667 CC PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 ERIC I. ABRAMSON, and TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON 1417 CREEK ROAD, BOILING SPRINGS, PA 17007-9656 w. 4r 0 ,? N n yd l J O N O r 1 M^y l 1 r H OTI 0 J r G? CO _ -• • ?O 00 J O? Vi A w N 3 a c°s ? o B n' n n Z ? > z ? rog ? n?? n?a a R J 0 -4 M 10 o z o O o a ° a s? a ? a ? y y yJ ? H N a o C a a s / "' ro £ o l e w o d 0a.i 0 311vvi 9SZLLZbooo A W l Z o ® C ®®?? Am= ti pia ? y m d "C! A CT' A b° r wax c Ro p x A 0 7178 2417 6099 0108 1430 LXH / 203667 1020 TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON 1417 CREEK ROAD BOILING SPRINGS, PA 17007-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) r r SPS.com® - Crack & Confirm English Customer Service LISPS Mobile Page 1 of 1 Register / Sign In lad, s -CO&I • Search USPS.com or Track Packages Oucck Tools Ship a Package Send Mail Manage Your Mail Shop Business Solutions Track & Confirm of.T F..MAh. UPDATES PRINT DETAILS YOUR LABEL NUMBER SERVICE STATUS OF YOUR ITEM DATE & TIME LOCATION FEATURES 71782417809901081430 First-Class Malta Delivered September 18, 2012, 11:15 PHILADELPHIA, PA 19104 Expected Delivery By: am September 8, 2012 Return Receipt Electronic Notice Left (No September 17, 2012,1:28 pm PHILADELPHIA, PA 19104 Authorized Recipient Available) Depart USPS Sort September 16, 2012 PHILADELPHIA, PA 19176 Facility Processed through September 16, 2012,12:58 PHILADELPHIA, PA 19176 USPS Sort Facility am Moved, Left no Address September 07, 2012, 9:32 am CARLISLE, PA Arrival at Unit September 07, 2012, 8:21 am CARLISLE, PA 17013 Depart USPS Sort September 07, 2012 HARRISBURG, PA 17107 Facility Processed through September 08, 2012, 10:21 HARRISBURG, PA 17107 USPS Sort Facility pm Dispatched to Sort September 05, 2012, 6:36 pm PHILADELPHIA, PA 19104 Facility Acceptance September 05, 2012, 5:37 pm PHILADELPHIA, PA 19102 Electronic Shipping Into September 04, 2012 Received Check on Another Item What's your label (or receipt) number? 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UPDATES PRINT DETAILS YOUR LABEL NUMBER SERVICE STATUS OF YOUR ITEM DATE S TIME LOCATION FEATURES 71782417609901081423 First-Class Made Delivered September 18,2012,11:15 PHILADELPHIA, PA 19104 Expected Delivery By: am September 8, 2012 Return Receipt Electronic Notice Left (No September 17, 2012,1:28 pm PHILADELPHIA, PA 19104 Authorized Recipient Available) Depart USPS Sort September 18, 2012 PHILADELPHIA, PA 19176 Facility Processed through September 16, 2012,12:68 PHILADELPHIA, PA 19178 USPS Sort Facility am Moved, Left no Address September 07, 2012, 9:32 am CARLISLE, PA Arrival at Unit September 07, 2012, 8:21 am CARLISLE, PA 17013 Depart USPS Sort September 07, 2012 HARRISBURG, PA 17107 Facility Processed through September 06, 2012, 10:21 HARRISBURG, PA 17107 USPS Sort Facility pm Dispatched to Sort September 05, 2012, 6:36 pm PHILADELPHIA, PA 19104 Facility Acceptance September 05, 2012, 5:37 pm PHILADELPHIA, PA 19102 Electronic Shipping Info September 04, 2012 Received Check on Another Item What's your label (or receipt) number? Find LEGAL Privacy r?olir:y > Terms of Use, F'01A. , No "EAR ACt EEO Data, ON USPS.COM Government Services , Buy Scamps & Shop > Pnnt a Labe: wan Postage Customer Service , Sae Index ON ABOUT.USPS.COM About USPS Home Newsroom , Mail Service Updates Forms & Publications careers OTHER USPS SITES Business Customer Gateway Postal Inspectors > Inspectca General ; Postal F..xplorer , (,apyrighi::20!2 USPS. 0 Rights Reserved https://tools-usps-comlgolTrackConfirmAction.action?tLabels=71782417609901081423 10/4/2012 1I Illlq M 7178 2417 6099 0108 1423 LXH / 203667 1020 ERIC I. ABRAMSON 1417 CREEK ROAD BOILING SPRINGS, PA 17007-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) Y? ? Y AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK, N.A., SB/M TO CHASE HOME FINANCE, LLC, SB/M TO CHASE MANHATTAN MORTGAGE PHS # 203667 CORPORATION DEFENDANT SERVICE TEAM/ 11th ERIC I. ABRAMSON COURT NO.: CIVIL-09-2643 TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON SERVE TIFFANY ANN ABRAMSON A/K/A TIFFANY A. TYPE OF ACTION ABRAMSON AT: XX Notice of Sheriffs Sale 1417 CREEK ROAD SALE DATE: November 7, 2012 BOILING SPRINGS, PA 17007-%56 "PLEASE POST PROPERTY IN ACCORDANCE WITH THE COURT ORDER" SERVED Served and made known to TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON, Defendant on the (6?• day of SS"%AGA , 20 I2-, at Wl?-, o'clock. M., at (41'1 C'R6Ck ?1uN[ S ?Iws. DA, in the manner described below: - 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 offi er of said Defendant's company. Other: VS Description: Age Height Weight Race Sex Other I 'tic;1l t.cj MOII a competent adult, hereby verify that I personally atre 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. I understand that this statement is made subject toenalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ! I \ - 1- DATE: ( O ( NAME: PRINTED NAME: Ronald Moll TITLE: Process Scrvcr NOT SERVED On the day of 20_, at d clock _. M., I, , a competent adult hereby state that DefendanN-OT FO cause: Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF 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 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK, N.A., SB/M TO CHASE HOME FINANCE, LLC, SB/M TO CHASE MANHATTAN MORTGAGE PHS # 203667 CORPORATION DEFENDANT SERVICE TEAM/ lxh ERIC I. ABRAMSON COURT NO.: CIVIL-09-2643 TIFFANY ANN ABRAMSON A/K/A TIFFANY A. ABRAMSON SERVE ERIC L ABRAMSON AT: TYPE OF ACTION 1417 CREEK ROAD XX Notice of Sheriffs Sale BOILING SPRINGS, PA 17007-%56 SALE DATE: November 7, 2012 **PLEASE POST PROPERTY IN ACCORDANCE WITH THE COURT ORDER** SERVED Served and made known to ERIC I. ABRAMSON, Defendant on the 141say of sEMU404? 20 L?- at 32-, o'clock _t. M., at 140 CK C& . I&) i tNbS?!? IJ6s PC in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendants 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. Other: an officer of said Defendant's company. Description: Age Height Weight Race Sex Other 1 Ronald MOIL a competent adult, hereby verify that I personallda 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. I understand that this statement is made subject t enalties of 18 Pa. S. Sec. 49Q4 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME: Ronald Moll TITLE: Process Se NOT SERVED On the day of _, 20_, at o'clock _. M., 1, , a competent adult hereby state that DefendanMOT FOCIM because: Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) - No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF 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 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 7 r PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 Li Marie Coyne, E for SWORN TO AND SUBSCRIBED before me this 14 dqy of September, 2012 r Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz September 14, 2012 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. J CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE & SCHMIEG, LLP Attorneys for Plaintiff In the Court of Common Pleas of Sept. 14 Cumberland County, Pennsylvania NO. CIVIL-09-2643 JPMORGAN CHASE BANK, N.A. s/b/m TO CHASE HOME FINANCE, LLC s/b/m TO CHASE MANHATTAN MORTGAGE CORPORATION VS. ERIC I. ABRAMSON and TIFFANY ANN ABRAMSON a/k/a TIFFANY A. ABRAMSON NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: ERIC I. ABRAMSON and TIFFANY ANN ABRAMSON a/k/a TIFFANY A. ABRAMSON Being Premises: 1417 CREEK ROAD, BOILING SPRINGS, PA 17007-9656. Being in MONROE TOWNSHIP, County of CUMBERLAND, Com- monwealth of Pennsylvania, 22-12- 0348-004. Improvements consist of residen- tial property. Sold as the property of ERIC I. ABRAMSON and TIFFANY ANN ABRAMSON a/k/a TIFFANY A. ABRAMSON. Your house (real estate) at 1417 CREEK ROAD, BOILING SPRINGS, PA 17007-9656 is scheduled to be sold at the Sheriff's Sale on Novem- ber 7, 2012 at 10:00 A.M., at the CUMBERLAND County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the Court Judg- ment of $151,302.41 obtained by, JPMORGAN CHASE BANK, N.A. s/b/m TO CHASE HOME FINANCE, LLC s/b/m TO CHASE MANHAT- TAN MORTGAGE CORPORATION (the mortgagee), against the above premises. PHELAN HALLINAN 11 t e PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tackie Cox, Sales Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): September 12, 2012 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are e. Sworn to d subs 'b d bef re me is Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENOORN Notarv Public h CARLISLE r-) CNTY 2014