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Home My WebLink About10-31521 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 L-Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 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 232287 CHASE HOME FINANCE, LLC 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff V. LINDA M. EWING DONALD G. MARINKOV MARTHA K. SHELLY 265 SOUTH HANOVER STREET CARLISLE, PA 17013-3905 Defendants File #: 232287 OF Tpj, TARY 1016VIA y 13 F11 1: y ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 16 - 315,2 a-,\1I l-EM CUMBERLAND COUNTY ft-DO PA ATN Ce gqqag4 e?1.2y I q84 M 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 232287 1. Plaintiff is CHASE HOME FINANCE, LLC 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: LINDA M. EWING DONALD G. MARINKOV MARTHA K. SHELLY 265 SOUTH HANOVER STREET CARLISLE, PA 17013-3905 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/16/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR WAYPOINT BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1837, Page 3717. By Assignment of mortgage recorded 03/23/2010, the mortgage was assigned to PLAINTIFF which assignment is recorded in Instrument # 201007222. 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 11/01/2009 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 #: 232287 6. The following amounts are due on the mortgage: Principal Balance Interest 10/01/2009 through 02/25/2010 (Per Diem $15.46) Attorney's Fees Cumulative Late Charges 09/16/2003 to 02/25/2010 Non Sufficient Funds Charge Costs of Suit and Title Search Escrow Deficit TOTAL 7 8 $104,957.95 $2,288.08 $650.00 $129.92 $40.00 $550.00 ,x,_2,81 R.00 $111,433.95 Plaintiff is nor seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 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. File k 232287 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $111,433.95, together with interest from 02/25/2010 at the rate of $15.46 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. P L N HALL AN & SCHMIEG, LLP By: ? L wrence T. Phelan, Esq., Id. No. 32227 rancis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 232287 LEGAL DESCRIPTION ALL that certain house and lot of ground situate on South Hanover Street, in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING on the West by South Hanover Street; on the North by lot of ground formerly of Mrs. Susan Wareham, now or formerly of R.A. Houck, et ux; on the East by Cemetery Alley; and on the South by lot of ground formerly of John H. Ahl, now or formerly of Robert Brown, et ux. CONTAINING in front and on said South Hanover Street 21 feet, more or less, in the depth to said alley 226 feet, more or less. PARCEL NO. 03-21-0320-182 PREMISES: 265 SOUTH HANOVER STREET, CARLISLE, PA 17013-3905 File #: 232287 The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. C? A o ey for Plaintiff DATE: ?! File #: 232287 AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY CHASE HOME FINANCE, LLC PHS # 232287 ,, DEFENDANT SERVICE TEAM/ cvc LINDA M. EWING COURT NO.: 10-3152-CIVIL-TERM DONALD G. MARINKOV MARTHA K. SHELLY SERVE LINDA M. EWING AT: TYPE OF ACTION 217 GRAVES DR XX Mortgage Foreclosure FOREST, VA 24551-2768 XX Civil Action C`~ _ f SERVED ~ erved and made known to LINDA M. EWING ,Defendant on the2~ d y of ~~/l~ , ZO W , at ~.' - 33 ' l k M b '~ --~ y ~~ ~ i ,o c oc . ., at , in the manner described below: Defendant personally served 5~ %~ ' ~- . _ 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). - - W _ Agent or person in chazge of Defendant's office or usual place of business. -< ~ r:' r, - an officer of said Defendant's company. _ Other: // f~,,,,~/~ Desc iption: Age ~ S H fight S 7" Wei ht ~H~ ~~ f '-" "`- g ~_ Race Sex Other I, i ya competent adult, being duly sworn according to law, depose and state that I personall handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein issued in the ca tioned , case on the date and at the address indicated above. p Sworn to and subscribed before me this ~Sr~-day SS~'++ OT ERVE On the day of , 20_, at _ o'clock _. M., Defendant NOT FOUND because: .' _ Vacant _ Bad Address _ Moved _ Does Not Reside (Not Vacant) No Answer on at •• ~ at _ Service Refused Other: Sworn to and subscribed before me this day of ~- gy_ Notary: ATTORNEY FOR PLAINTIFF Ievrrmoe T. Phelan. Eeq., Id No. 32227 Rands S. He8lnen, Esq., W. No. 62695 Dotdd G. Sehmhg, Esq., b. Nw 62205 Mkhde M. Bradford, Esq., Id No. 69849 JmINh T. Romani, Esq., id. No. 58745 Sheetal R Shah-J~i, Esq., Id Nw 81760 Jeoine R Davey. Eaq., W. No.87077 I.ausee R Tapes, Esq., Id. No. 93337 VWdc Sdvastave, Esq., Id No.202331 Jay R Jones, Esq., Id Na 86651 Peter J. Mu{rahY, Esq., Id. No. 61791 Aedtew L Spiveck, Esq., kl. No. 84439 Jahoe McGdtmas, Eaq., Id. No, 90134 Cheisawmtde P. FYakae, Ea}, W. No. 94620 Jain 4 Goldman, Esq., W. No.2&5047 Coortenay R Dmm, Eaq., Id. No.206779 Aedrew G Brembhxt, b. No. 208375 Oa Pam Center at S Station 1617 Johw R Kamedy BhM., Spite 1400 Phila~lphia, PA 19103-1814 (215)563.7000 .• C~ ALe '°A ~. ~ ~ ~ PUBLIC 2 S REG # 7201391 n : MY COMMISSION ? O = EXPIRES ~ '.•08/31/: •~_: O • . ~ ~'~i ~FALTH OF V.~. . 6~OIIIO NON~~, AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY ' CHASE HOME FINANCE, LLC PHS # 232287 DEFENDANT SERVICE TEAM/ cvc LINDA M. EWING COURT NO.: 10-3152-CIVIL-TERM DONALD G. MARINKOV MARTHA K. SHELLY ~ NGIS ~ Q~ •..... .• SERVE MARTHA K. SHELLY AT: TYPE OF ACTION 447 WILEMAN ROAD XX Mortgage Foreclosure LYNCH STATION, VA 24571-2108 XX Civil Action SERVED ~ ~' =_ j' f Served and made known to 1~!''+A ~~ She ,Defendant on the2~ay of ~ti'~--- ~•'v , ~` ~ 9. as , o clock ~M., at r1 .. (A~ in the manner described below ~ : t Q _ _ Defendant personally served. fS7~ .t=--.,C - _ Adult family member with whom Defendant(s) reside(s). _,.. Relationship is `a'rt 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). ~; €~ W _ _ Agent or person in charge of Defendant's office or usual place of business. ' '`~J r _ an officer of said Defendant's company. ~•1 _ Other: . Description: Age ~S Height S'J!~ Weight ~~~1 Rac Sex~~ Other I, ~L'c~r. (~- K~nf~ a competent adult, being duly sworn according to ]aw, depose and state that I personally handed a true and correct copy of the Foreclosure Com In aint in the manner as set forth herein, ,issued in the captioned case on the date and at the address indicated above. ._ ~~~ •• PU6L C ••~ ~' .~ REG # 7201364 c n AMY COMMISSION p ; EXPIRES ~ ~i~ O '•••....•• .J ~'~~'FALTN ~;rl~ ~'~o~~~~a+°~ Y u~_, pLd . ~ : ~ ~ _ . , _ . NOT SERVED the day of , 20_, at o'clock _. M., Defendant NOT FOUND because: _ Vacant _ Bad Address _ Moved _ Dces Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: Sworn to and subscribed obeffore me this ~_ day Notary: By: ATTORNEY FOR PLAINTIFF Lawtrwa T. Phelasr, Esq., Id. No. 32227 Francis S. Iialtlnan, Esq., id. No. 62695 Daniel G. Scbtr3eg, Esq., kl. No.62205 Mkirde M. Bradford, Esq., Id. No. 69!149 JuditA T. Romano, Esq., Id. No. 58743 Shcdal R Shah-Jani, Esq., id. No. 81760 Jmice R Davey, Esq., Id. No. 87077 Lauren R. Tabna, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 207331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Muknhy, Esq., Id. No.61791 Andrew 4 Spivaek, Esq., Id. No. 84439 Jahne McGrdrrrress, Esq., Id. No. 90134 Chrimvehude P. Fliakos, Esq., Sd. No.94620 Joshua L Goldman, Esq., Id. No. 205047 Courtenay R Dunn, Esq., Id No. 2116779 Andrew C. BrarMktl, Esq., ki. No. 2083'f5 One Penn Center at Suburban Station to and subscn'b~jd m- a this- ~n _T~a AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY CHASiE HOME FINANCE, LLC PHS # 232287 DEFENDANT SERVICE TEAM/ cvc LINDA M. EWING COURT NO.: 10-3152-CIVIL-TERM DONALD G. MARINKOV MARTHA K. SHELLY SERVE LINDA M. EWING AT: TYPE OF ACTION 447 WILEMAN ROAR XX Mortgage Foreclosure LYNCH STATION, VA 24571-2108 XX Civil Action SERVED ~•~~~~~~~~~~ ,`•••~~,NCIS•q/e :` 0~:: • NOTARY' . ~ . PUBLIC ? REG # 72013E n ~MYCOMMfSSII :O EXPIRES %.~?2~~ •.~ 08/31 /.~• ~'••,- ;'~A LTH OF C Served and made known to Ll rt~ . ~wi , Defen ton the~ay of Scin,~ , 20 ~o ~ ~t ~, -,;_ ~, o'clock PIVI., at ~ ,' ~ ~ ~ in the manner described belovu ~,y~~ _ Defendant personally served. 2~S'`7/ " ,_ v` Q ~ ~ -?~ _ 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. ~~ i' " ~"~ _ an officer of said Defendant's company. ~` n ~ ~' Other. - Description: Age ~ Height S ~`~ Wei ht 6~~~ C F~~ 11 g ~_ Race Sex Other I, nt~, z comretent adult, being duly sworn according to law, depose and state that I ~ personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein, 4~ed in the captioned case on the date and at the address indicated above. to and subsc rE to this~Q_'day the day of , 20_, at Vacant _ Bad Address No Answer on _ Service Refused Other: Sworn to and subscribed o (fore me this ~_ day B > y: Notary: ATTORNEY FOR PLAINTIFF L•W rewR T. Phelan, Esq., Id. No. 32227 Fronds S. IIa0loan, Esq., Id No. 62685 Dade) G. Sd Esq., Id. No. 62205 Michele M. B~adfortl, Esq., Id. No. 69649 Judith T. Romua, Esq., Id. No. 58745 Sheefai R Shah-Jsni, Esq, Id. No. 81760 Jenhte R Davey, Esq., Id. No. 67077 iauren R Tubas. Esq., Id. No. 93337 VNek Srivastava, Esq., Id. No.202331 Jay & Jones, Esq., Id No. 86657 Peter J. Mulrnhy, Esq., Id. No.61791 Andrew L SPFvady Eaq., b: No. 84439 Jabne McGdnn~, Esq., Id. No. 90134 Chrisova6de P. Fdakos, Esq., Id. No. 94620 Joshua L GoNmaq Esq., Id. No. 205047 Courlauy R Dunn, Esq., id. Nw 206779 Andrew G Brambktt, Fsq~ Id. No. 208375 One Pmn Center at ~ Station o'clock _. M., Defendant NOT FOUND because: _ Moved _ Does Not Reside (Not Vacant} > at w PLAINTIFF CFIASE HOME FINANCE, LLC DEFENDANT LINDA M. EWING DONALD G. MARWKOV MARTHA K. SHELLY SERVE DONALD G. MARINKOV AT: 447 WILEMAN RD LYNCH STATION, VA 24571-2108 AFFIDAVIT OF SERVICE (FHLMC) CUMBERLAND COUNTY PHS # 232287 SERVICE TEAM/ cvc COURT NO.: 10-3152-CIVIL-TERM TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action SERVED Served and made known to DON D G. MARINKOV Defendant on th~day of TK/t~ S'S+8 o'clock~M t G ~0 ~`' at , ., a .r ~ in the manner described below: _ Defendant personally served. I¢'ZlS7/ ~ o yV --~ -r? :-- ~. o --{ -Adult family member with whom Defendant(s) reside(s). ~-~ Relationship is Adult in charge of Defendant's residence who refused to ive nam l i hi r a ~ r `~~ C g e or re at ons p. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s) Q _ -- -; . Agent or person in charge of Defendant's office or usual place of business. ~ , fi °~ an officer of said Defendant's company. ' - . ;4 Other: Desc i tion: A e ° S H i " ~ rl ~ ~ ~ '~ p g e ght Wei ht ` O ~x g Race Sex ter I, ~' i °,'a competent adult, being duly sworn accordin to law, de g pose and state that I personally handed a true and correct copy of the Foreclosure Complaint in th e manner as set forth herein, issu case on the date and at the address indicated above. ed in the c',p~~yNir~~~~ ,, ~~ Sworn to and subscri d ' ~•~` G ~ A~etc '•• • \P' .•••••••• ~Q ii ~ • '•NOTARY•'• ~ ~ before me this ~ ay ~T of J 1 2p ~ . j ~ ~ ~ .• ~ PUBLIC :.. ~ , '`'- - / S'- L v ; REG # 7201391 ~ ~ot~~/~ ~ 1,~A By; aS5 V ~ n AMY COMMISSION EXPIRES ;• 2 ~ O NOT SER VE On the day of , 20_, at _ o'clock _ M., Defendant NOT FOUND because: ; 3,~•••.08l31I_3L..•• C9~ •` •••,....••• ~`~••~ L O Bad A adress _ Moved t Reside (Not Vacant) _ Does a c , ~, ~~i~";~ fm~~~~~ - • _ No Answer on i _ Service Refused Other: Sworn to and subscribed before me this day of ~- gy. Notary: ATTORNEY FOR PLAINTIFF Lawrenee T. Phelan, Faq., Id. No. 32227 F~nncb S. HaBhum, FW+ Id. No. 62695 Daniel C. Scinnieg, Ewl., M. No. 62205 Mid~ele M. B,ndford, Fsq., Id. No. 69049 JudIN T. Romano, F.sq., Id. No. 58745 Shedal R Shah-Jani, Eaq., Id. No. 81760 Jmha; R Davey, Fsq., Id. No. 87077 Lenten R Tabaa, Esq., Id. No. 93337 V Wek S~ivaehva, Eaq., Id. No. 202331 Jay B. Jones, Esq., Id. Nw 86657 Peter J. Mokahy, Esq„ Id. No. 61791 Andrew L. Sphack, Esq, b. No. 84439 Jahae McGnhuass, Esq., Id. No. 90134 Chrboralante P. FBakos, Esq., hi. Na 946211 ]oshaa L Goldman, Esq., Id. No. 205047 c•.rtenay R Dunn. Esq, Id. No.206779 Andeew G Brambhxl,ld. No. 208375 One Pam Center W S o Station 1617 John F. Kamedy Blvd., Salle 1400 Philadelphia, PA 19103-1814 (215)563.7000 . ~ Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Attorney for Plaintiff Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Esq., Id. No. 202331 /Vivek Srivastava 0 , Jay B. Jones, Esq., Id. No. 86657 r~'---- a Peter J. Mulcahy, Esq., Id. No. 61791 -A: --+ T Andrew L. Spivack, Esq., Id. No. 84439 ~ ~ ~~~. ~ Jaime McGuinness, Esq., Id. No. 90134 = -~- r > ,~ ~, °' Id. No. 94620 Esq. Chrisovalante P. Fliakos `' , , Joshua I. Goldman, Esq., Id. No. 205047 ;., Courtenay R. Dunn, Esq., Id. No. 206779 ~ W ~~ ~ Andrew C. Bramblett, Esq., Id. No. 208375 ,' -~~ a 1617 JFK Boulevard, Suite 1400 +~ One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE, LLC vs. LINDA M. EWING DONALD G. MARINKOV MARTHA K. SHELLY CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.10-3152-CIVIL-TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against LINDA M. EWING, DONALD G. MARINKOV, and MARTHA K. SHELLY, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: ~ Inf. oo A A +~~ ~~9~g3~a ~ ay L sag . , As set forth in Complaint $111,433.95 Interest - 02/26/2010 to 08/06/2010 $2,504.52 TOTAL $113,938.47 I hereby certify that (1) the Defendants' last known addresses are 217 GRAVES DR, FOREST, VA 24551-2768, and 447 WILEMAN ROAD, LYNCH STATION, VA 24571-2108, and mortgaged premises located at 265 SOUTH HANOVER ST ,CARLISLE, PA 17013- 3905, and (2) that notice has been given in accordance with Rul copy attached. Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: ~~~ro /~a • PHS # 232287 / PROTHONOTARY Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE, LLC vs. LINDA M. EWING DONALD G. MARINKOV MARTHA K. SHELLY CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.10-3152-CIVIL-TERM VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant LINDA M. EWING is over 18 years of age and last known addresses are 217 GRAVES DR, FOREST, VA 24551-2768, and 447 WILEMAN ROAD, LYNCH STATION, VA 24571-2108, and mortgaged premises located at 265 SOUTH HANOVER STREET, CARLISLE, PA 17013-3905. (c) that defendant DONALD G. MARINKOV is over 18 yeazs of age and last known address is 447 WILEMAN ROAD, LYNCH STATION, VA 24571-2108, and mortgaged premises located at 265 SOUTH HANOVER STREET, CARLISLE, PA 17013-3905. (d) that defendant MARTHA K. SHELLY is over 18 years of age and last known address is 447 WILEMAN ROAD, LYNCH STATION, VA 24571-2108, and mortgaged premises located at 265 SOUTH HANOVER STREET, CARLISLE, PA 17013-3905. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~,•q ^ 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 ^ Sh 1 R. Shah-Jani, Esq., Id. No. 81760 ^ J 'ne R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff (Rule of Civil Procedure No. 236) -Revised CHASE HOME FINANCE, LLC vs. LINDA M. EWING MARTHA K. SIiELLY DONALD G. MARINKOV CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.10-3152-CIVIL-TERM Notice is given that a Judgment in the above captioned matter has been entered against you on sy: ~~ If you have any questions concerning this matter please contact: U 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 ^ She 1 R Shah-Jani, Esq., Id. No. 81760 ^ J ine R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney or Party Filing 1617 JFK Boulevazd, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREYIOUSLYRECEIi~ED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** CHASE HOME FINANCE, LLC v. Plaintiff COURT OF COMMON PLEAS CIVIL DTi/ISON NO. 10-315 2-CI V II.-TERM LINDA M. EWING DONALD G. h4ARlNKOV MARTHA K SHELLY Defendant(s) TO: .LINDA M. SWING 217 GRAVES DR FOREST, VA 24551-2768 DATE OF NOTICE: Jaly 26, 2010 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE 1NDEBTEDNE55 REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WII.L BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCI: IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU. ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A VVRI'I"I'EN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECITONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT VV1T'HII~T TEN DAYS FROM THE DATE OF THIS NOTICE, A JUD('MENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THiS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIltING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 232287 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENiJE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: Lawrence T. Phelan, Esq., Id No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine 1Z 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 Chrisovalacrte P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallman 8c Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 232287 CHASE HOME FINANCE, LLC v. Plaintiff COURT OF COMMON PLEAS CML DIVISON NO. 10-3152-CIVIL-TERM LINDA M. EWIl~iG DONALD G. MAI~IlVICOV MARTHA K. SHELLY Defendant(s) TO: LII~iDA M. EWING 447 WQ.EMAN ROAD LYNCH STATION, VA 24571-2108 DATE OF NOT>ECE: July 26, 2010 CUMBERLAND COUNTY THIS FIItM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU- HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A DARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IIViPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIItING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 232287 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ~ ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-316b By. Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. b2695 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. 86b57 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallman 8c Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 232287 CHASE HOME FINANCE, LLC v. Plaintiff COURT OF COMMON PLEAS CIVIL DTVISON NO. 10-3152-CIVIL-TERM LINDA M. EWING DONALD G. MARINICOV MARTHA K. SHELLY Defendant(s) TO: DONALD G. MARINKOV 447 WQ.EMAN RD LYNCH STATION, VA 24571-2108 DATE OF NOTICE: July 26, 2010 CUMBERLAND COUNTY THIS FIItM IS A DEBT COLLECTOR ATTEMPTIIVG TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THI; INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES AR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 232287 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By. ~,.r, t~ «~.~sr~-. Lawn ce 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 Sheetai 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. 6l 791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 232287 CHASE HOME FINANCE, LLC COUR'~ OF COMMON PLEAS CIVIL DMSON v. Plaintiff NO. 10-3152-CIVIL-TERM LIl~1DA M. EWING CUMBERLAND COUNTY DONALD G. MARINICOV MARTHA K. SHELLY Defendant(s) TO: MARTHA K. SHELLY 447 WILEMAN ROAD LYNCH STATION, VA 24571-2108 DATE OF NOTICE: July 26, 2010 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT'TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WTI'l~ID~i TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER EVVIPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 232287 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 C By: . ~ ~. Lawren T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R Davey, Esq., Id. No. 87077 Lauren R Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One. Penn Center Plaza Philadelphia, PA 19103 PHS # 232287 CHASE HOME FINANCE, LLC v. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-3152-CIVIL-TERM LINDA M. EWING DONALD G. MARiNKOV MARTHA K. SHELLY Defendant(s) TO: LINDA M. EWING 265 SOUTH HANOVER STREET CARLISLE, PA 17013-3905 DATE OF NOTICE: Jaly 26, 2010 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT. AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A VV1[iTCTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IlYE'ORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 232287 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: 01~iti.Q . ~l~R~l~' Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, 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 Phelan Hallman & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 232287 CHASE HOME FINANCE, LLC COURT OF COMMON PLEAS CIVIL DMSON Plaintiff v. NO. 10-3152-CI V II.-TERM LINDA M. EWING CUMBERLAND COUNTY DONALD G. MARINKOV MARTHA K. SHELLY Defendant(s) TO: MARTHA K. SHELLY 265 SOUTH HANOVER STREET .CARLISLE, PA 17013-3905 DATE OF NOTICE: July 26, 2010 THIS FIRM IS A DEBT COLLECTOR ATTEMPTII~IG TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE IIVDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WTTI~T TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR.OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HII2Il~iG A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 232287 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 ~~~ ay: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hailinan, 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 Sheetai 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 Phelan Hallman & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 232287 CHASE HOME FINANCE, LLC v. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-3152-CIVII,-TERM LINDA M. EWING DONALD G. MARINKOV MARTHA K. SHELLY Defendant(s) TO: DONALD G. MARINKOV 265 SOUTH HANOVER STREET CARLISLE, PA 17013-3905 DATE OF NOTICE: July 26, 2010 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT HE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A VVRTI'TEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IlVIPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. • IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 232287 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717)249-3166 gy; ~~ Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, 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., ld. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. Na. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallman & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 232287 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC Plaintiff Vs LINDA M. EWING DONALD G. MARINKOV MARTHA K. SHELLY Defendant(s) n N -r C) A PURSUANT TO Pa.R.C.P., 2352 ca 3>c TO THE PROTHONOTARY: =d Q 3a' ? Kindly substitute JPMORGAN CHASE BANK, NATIONAL ASSOCIAI'IGN, S/B/M to CHASE HOME FINANCE LLC as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE LLC the current Plaintiff in the foreclosure action by virtue of a corporate merger, whereby CHASE HOME FINANCE LLC is now JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/BIM TO CHASE HOME FINANCE LLC Kindly amend the information on the docket accordingly. Date: N & SCHMIEG, LLP 1 By; 7?x Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 30891?- Attorneys for Plaintiff PHS # 232287 Attorney For -? -4 C Court of Common F?kklg Civil Division : Cumberland County • P+wa No. 10-3152-CIVIL-TERl 46 = C'k-?r Noo??Oy u? a?a?$a "1 e'a.7 Y.a.;,Inan & Schmieg, LL.P 161'7 IFK 1 -,)ule,,ard, Suite 1400 One Penn C'::nter Plaza Philadelphia.. PA 19103 215-563-7000 Attorney For Plaintiff CHASE HOME FINANCE LLC Plaintiff Vs LINDA N1. EWING DONALD G. MARINKOV MARTHA K. SHELLY Defendant(s) : I Court of Common Pleas : I Civil Division Cumberland County MW =M No. 10-3152-CIVIL-TERM • r: z n cy?_ \.- . r"- N) PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF .c ENTRY OF APPEARANCE --{- o TO THE PROTHONOTARY: Please mark the judgment in the above-captioned matter to the use of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M to CHASE HOME FINANCE LLC located at 10790 Rancho Bernardo Road, San Diego, CA 92127. Date: PHE AN HALLINAN & SCHMIEG, LLP B C.i Y• Lawrence T. Phelan, Esq., . No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 _ Melissa J. Scheiner, Esq., Id. No. 308Tff Attorneys for Plaintiff CD -- PHS # 232287 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M to CHASE HOME FINANCE LLC. Date: PHE N LLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308 Attorneys for Plaintiff PHS # 232287 PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 CHASE HOME FINANCE LLC Plaintiff Vs LINDA M. EWING DONALD G. MARINKOV MARTHA K. SHELLY Defendant(s) ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 10-3152-CIVIL-TERM CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe to mark judgment to JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M to CHASE HOME FINANCE LLC and substitution of party plaintiff was served by regular mail to the person(s) on the date listed below: LINDA M. EWING DONALD G. MARINKOV MARTHA K. SHELLY 265 SOUTH HANOVER STREET, CARLISLE, PA 17013-3905 Date: _ By; ' awrence T. Phelan, Es ., o. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308 Attorney for Plaintiff PHS # 232287 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO COURT OF COMMON PLEAS CHASE HOME FINANCE, LLC Plaintiff CIVIL DIVISION v LINDA M. EWING DONALD G. MARINKOV MARTHA K. SHELLY Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 08/07/2010 to Date of Sale ($18.73 per diem) TOTAL Note: Please attach description of property. PHS # 232287 0 #aa. 5o PA Airy 80. qo CSF- 4a- 00 +• 14.00 g.OD r d,so 05.40 - Po A7r/ a-a.5 Due CL '5o LL 0-9 1110338 2 2.7w(4-1 P.E (,grit- 4wug a NO.: 10-3152-CIVIIrTERM CUMBERLAND COUNTY me , M m _Z _ y._-. $113,938.47 .? $14,253.53 = r ?" 19.0 C Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff U a a W U z a z H W x W U O z 0 H a u O a z cl) a wa 0 a a w? o az d O z a x 00 w ? aa zy a ? a o ? O En Cd A a ? Q ? Q za A z w z a 0 H V w w O 3 0 w U w ? O 00 O OC O ? N _ N N a , ? 00 O N x N Q > N ? ? Q ? c?oz zoo r r4 Q qz ¢ o moz zP4 o °' 3z? Q Q N w Q z? ??¢ ?ZP, ?? Q 3 `? W? W? >> > ?? Q W V -a?x Q W V) H..ax ¢ QU z3U ??U a? a? M b ?w C's c C g o E a¢a 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, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC Plaintiff V. LINDA M. EWING DONALD G. MARINKOV MARTHA K. SHELLY Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 10-3152-CIVIL-TERM : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) 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 of 18 Pa. C.S.A. § 4904 authorities. 41-'h4an man Schmieg, LLP Allison F. ells, Esq., Id. No.309519 Attorney for Plaintiff sification to Plaintiff V 1t1l? Defendant(s) 1o-31SA JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 265 SOUTH HANOVER STREET, CARLISLE, PA 17013-3905. 1. Name and address of Owner(s) or reputed Owner(s): Name LINDA M. EWING DONALD G. MARINKOV 2. Name and address of Defendant(s) in the judgment: Name LINDA M. EWING Address (if address cannot be reasonably ascertained, please so indicate) 447 WILEMAN ROAD LYNCH STATION, VA 24571-2108 217 GRAVES DR FOREST, VA 24551-2768 447 WILEMAN RD LYNCH STATION, VA 24571-2108 Address (if address cannot be reasonably ascertained, please so indicate) 447 WILEMAN ROAD LYNCH STATION, VA 24571-2108 217 GRAVES DR FOREST, VA 24551-2768 DONALD G. MARINKOV 447 WILEMAN RD LYNCH STATION, VA 24571-2108 MARTHA K. SHELLY 447 WILEMAN ROAD LYNCH STATION, VA 24571-2108 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) LINDA EWING C/O DAVID ALLEN BARIC, 19 W SOUTH STREET ESQUIRE CARLISLE, PA 17013 MARTHA SHELLY C/O DAVID ALLEN 19 W SOUTH STREET BARIC, ESQUIRE CARLISLE, PA 17013 STERMAC, LLC 50 NORTH SPRING GARDEN STREET CARLISLE, PA 17013 AVzr-t C AVCT 31,29 STERNMAC LLC C/O CHRISTOPHER EDEL RICE, ESQUIRE STEVEN MCCARREN STEVEN MCCARREN C/O CHRISTOPHER EDEL RICE, ESQUIRE CUMBERLAND COUNTY ADULT PROBATION 10 E HIGH STREET CARLISLE, PA 17013 50 NORTH SPRING GARDEN STREET CARLISLE, PA 17013 10 E HIGH STREET CARLISLE, PA 17013 I COURTHOUSE SQUARE CARLISLE, PA 17013 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 265 SOUTH HANOVER STREET CARLISLE, PA 17013-3905 DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 LINDA JACKMAN, AS GARNISHEE 447 WILEMAN RD LYNCH STATION, VA 24571 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 that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: t'50 j I " B Phelan H in Schmieg, LLP Allison F. ells, Esq., Id. No.309519 Attorney for Plaintiff ? 1 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, COURT OF COMMON PLEAS SB/M TO CHASE HOME FINANCE, LLC CIVIL DIVISION Plaintiff NO.: 10-3152-CIVIL-TERM VS. LINDA M. EWING CUMBERLAND COUNTY DONALD G. MARINKOV . MARTHA K. SHELLY ,- =- ; Defendant(s) , NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LINDA M. EWING LINDA M. EWING' DONALD G. MARINKOV 217 GRAVES DR C MARTHA K. SHELLY FOREST, VA 24551-2768 ---77 447 WILEMAN ROAD LYNCH STATION, VA 24571-2108 "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 265 SOUTH HANOVER STREET, CARLISLE, PA 17013-3905 is scheduled to be sold at the Sheriff's 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 $113,938.47 obtained by JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-3152-CIVIL-TERM JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC vs. LINDA M. EWING DONALD G. MARINKOV MARTHA K. SHELLY owner(s) of property situate in the BOROUGH OF CARLISLE, Cumberland County, Pennsylvania, being (Municipality) 265 SOUTH HANOVER STREET, CARLISLE, PA 17013-3905 Parcel No. 03210320182 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $113,938.47 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain house and lot of ground situate on South Hanover Street, in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING on the West by South Hanover Street; on the North by lot of ground formerly of Mrs. Susan Wareham, now or formerly of R.A. Houck, et ux; on the East by Cemetery Alley; and on the South by lot of ground formerly of John H. Ahl, now or formerly of Robert Brown, et ux. CONTAINING in front and on said South Hanover Street 21 feet, more or less, in the depth to said alley 226 feet, more or less. TITLE TO SAID PREMISES VESTED IN Linda M. Ewing, adult individual and Donald G. Marinkov, adult individual, by Deed from Linda M. Ewing and Martha K. Shelly, adult individuals, dated 03/05/2009, recorded 03/09/2009 in Instrument Number 200906713. PREMISES BEING: 265 SOUTH HANOVER STREET, CARLISLE, PA 17013-3905 PARCEL NO. 03210320182 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 10-3152 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 Plaintiff (s) From LINDA M. EWING; DONALD G. MARINKOV and MARTHA K. SHELLY (I) 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: $113,938.47 L.L.: $.50 Interest from 8/7/10 to Date of Sale ($18.73 per diem) -- $14,253.53 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $225.40 Other Costs: Plaintiff Paid: Date: 6/1!2012 David D. Buell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: ALLISON F. WELLS, 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. 309519 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC, PLAINTIFF V. LINDA EWING DONALD G. MARINKOV MARTHA K. SHELLY DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-3152 CIVIL ORDER OF COURT AND NOW, this 11th day of July, 2012, upon consideration of the Plaintiff'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 shoul not be granted; 2. The Defendants will file an answer on or before August 1, 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, /Allison F. Wells, Esquire Attorney for Plaintiff Ainda M. Ewing /Donald G. Marinkov V Martha K. Shelly Defendants (C p,I-s ,lKa, - d 7/0 11g -C M00 M. L. Ebert, Jr., J. 0 )e G r "Q rr cad' --3 G w bas W THE PROT3i{}l?l? Phelan Hallinan & Schmieg, LLP ?? Allison F. Wells, Esq., Id. No.3095 412 JUL 20 AM 11: O ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNT( One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC Plaintiff Court of Common Pleas Civil Division CUMBERLAND County vs. No.: 10-3152-CIVIL-TERM LINDA M. EWING DONALD G. MARINKOV MARTHA K. SHELLY Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 11, 2012 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. LINDA M. EWING MARTHA K. SHELLY DONALD G. MARINKOV 447 WILEMAN ROAD LYNCH STATION, VA 24571-2108 LINDA M. EWING MARTHA K. SHELLY 217 GRAVES DR FOREST, VA 24551-2768 DATE: ?v V1 LINDA M. EWING DONALD G. MARINKOV MARTHA K. SHELLY 265 SOUTH HANOVER STREET CARLISLE, PA 17013-3905 MARTHA K. SHELLY 50 ASHLEA VILLAGE NEW HOLLAND, PA 17557 Phelan Halli c LP Allison F. Wells, Esquire Attorney for Plaintiff 232287 FILED-OFFIr,E GF TIFF PROTHONOTARY 2012 AUG -8 AN 10: 24 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC Plaintiff Court of Common Pleas Civil Division CUMBERLAND County VS. No.: 10-3152-CIVIL-TERM LINDA M. EWING DONALD G. MARINKOV MARTHA K. SHELLY Defendants MOTION TO MAKE RULE ABSOLUTE JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers follows: A Motion to Reassess Damages was filed with the Court on July 10, 2012. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a of its proposed Motion to Reassess Damages and Order to the Defendants on June 29, 2012 requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 232287 A Rule was issued by the Honorable M.L. Ebert, Jr., on or about July 11, 2012 directing the Defendants to show cause by August 1, 2012 why the Motion to Reassess 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 July 19, 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 absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP DATE: By: ( k' -"' issa J. Cantwell, Esquire Attorney for Plaintiff Exhibit "A" 232287 PHELAN HALLINAN & SCHMIEU, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX4: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey June 29, 2012 LINDA M. EWING MARTHA K. SHELLY DONALD G. MARINKOV 447 WILEMAN ROAD LYNCH STATION, VA 24571-2108 LINDA M. EWING DONALD G. MARINKOV MAR'T'HA K. SHELLY 265 SOUTII I IANOVER STREET CARLISLE, PA 17013-3905 LINDA M. EWING MARTHA K. SHELLY 217 GRAVES DR FOREST, VA 24551-2768 MARTHA K. SHELLY 50 ASHLEA VILLAGE NEW HOLLAND, PA 17557 RE: JPMORGAN CHASE BANK, NATIONAL, ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC v. LINDA M. EWING, DONALD G. MARINKOV and MARTHA K. SHELLY Premises Address: 265 SOUTH HANOVER STRE'E'T' CARLISLE, PA 17013 CUMBERLAND County CCP, No. 10-3152-CIVIL-TERM 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 airs seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by July 5, 2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly .your 5.... f?=-= AUisd tT. Is. '_It Attorney for Plaintiff Enclosure 232287 ?vi "dam `?' " c ?n M h E $ E E o S o W, E ? .n o 00 rr E$pc L e T CAC « d O v ? c F O ? ? v a W ? 84 u 5?pa $ ? i C ? a o c O M C F? b d o 'a ? G a W G u 2F 0. 585tt ?3 Q ,. C y ? a w'? v L ? v Oro N MN N .Q a u ? o0 ,? QYi M O .? V' wzTzw OVI 3 a3 "'xa3"'?e"'a =c0. 3In ? v? GA U .. 4 ?"'Q ??a?°aa<3uQeF?"??AH???a?x a c a c ?0??•4O`?????'04oW W a?? za?c?a?ANuN?Nw?.,z a r 6 Z f: -It it At U ? 45 a do yoo D N y a ?i c v J ?i O . r- 00 N N M N Exhibit "B" 232287 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, StB/M TO CHASE HOME FINANCE, LLC, PLAINTIFF V, LINDA EWING DONALD G. MARINKOV MARTHA K. SHELLY DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-3182 CIVIL. ORDER OF COURT AND NOW, this 11"day of July, 2012, upon consideration of the Pla(ntlffs 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 be granted; 2. The Defendants will fife an answer on or before August 1, 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 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, tvl. L. ELEtrt. J-,. - Alliso:i F Wells; Esquire .hurley for Pajntiff Linda M. E'jWnn Donald G, Marinkov Martha K. Shealy defendants Exhibit "C" 232287 Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 J)~K 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 Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County vs. No.: 10-3152-CIVIL-TERM LINDA M. EWING DONALD G. MARINKOV MARTHA K. SHELLY Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 11, 2012 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. LINDA M. EWING MARTHA K. SHELLY DONALD G. MARINKOV 447 WILEMAN ROAD LYNCH STATION, VA 24571-2108 LINDA M. EWING DONALD G. MARINKOV MARTHA K. SHELLY 265 SOUTH HANOVER STREET CARLISLE, PA 17013-3905 LINDA M. EWING MARTHA K. SHELLY 217 GRAVES DR FOREST, VA 24551-2768 MARTIIA K. SHELLY 50 ASHLEA VILLAGE NEW HOLLAND, PA 17557 Phelan HalIitu}n'& SFhMte9-,-A.P DATE: Allison F. Wel s, Esquire Attorney for Plaintiff 232287 Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL Court of Common Pleas ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC Civil Division Plaintiff CUMBERLAND County vs. : No.: 10-3152-CIVIL-TERM LINDA M. EWING DONALD G. MARINKOV MARTHA K. SHELLY Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule were served upon the following individuals on the date indicated below. DONALD G. MARINKOV LINDA M. EWING MARTHA K. SHELLY 447 WILEMAN ROAD LYNCH STATION, VA 24571-2108 LINDA M. EWING MARTHA K. SHELLY 217 GRAVES DR FOREST, VA 24551-2768 DATE: Z LINDA M. EWING DONALD G. MARINKOV MARTHA K. SHELLY 265 SOUTH HANOVER STREET CARLISLE, PA 17013-3905 MARTHA K. SHELLY 50 ASHLEA VILLAGE NEW HOLLAND, PA 17557 helan 77M ieg, LLP By: e issa J. Cantwe , squire Attorney for Plaintiff 232287 0 AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC PHS # 232287 DEFENDANT SERVICE TEAM/ Ixh LINDA M. EWING COURT NO.: 10-3152-CIVIL-TERM DONALD G. MARINKOV MARTHA K. SHELLY SERVE DONALD G. MARINKOV AT: TYPE OF ACTION 447 WILEMAN RD XX Notice of Sheriffs Sale Z LYNCH STATION, VA 24571-2108 SALE DATE: September 5, 2012 N? C .G 2 SERVED ServjW and mad known to DONALD G. MARINKOV, Defendant on the T day of ? 120 ?Z aZ 0 o'clockr. M., at W W Aefrtotn in the manner described below: ' Defendant personally served. d? )t yJ- -+ 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: _ / D tion: Age gh I /1 WeightRace vy Sex Other - ompetent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as ?Of6 #jyd 4ssued in the captioned \ case on the date and at the address indicated above. G . l1/ly W A •Ot jTy-. Sworn to and subscribed ?ON00. t bee me this day = a ??G?S ? 2g0 p`?Eg , 202 ° - i ., V G?MM.20 3 :' 1 ? U ??Q-, C J •M 09130 \ \ Notary: By '.? OF v?t?G• ?? ???? NOT SERVE , NOTARy QJ\\`?? On the day of 20_, at o'clock _. M., Defendant NOT pC?[InT? ib0??use: Vacant _ Does Not Exist - Moved - Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: Sworn to and subscribed before me this day of -----.20-. By: Notary: 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 John M. Kolesnik, Esq., Id. No. 308877 Matthew G. Brushwood, Esq., Id. No. 310592 Dana B. Ostrovsky, Esq., Id. No. 83921 Zachary J. Jones, Esq., Id. No, 310721 One Penn Center at Suburban Station '3? AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC PHS # 232287 DEFENDANT SERVICE TEAM/ lxh LINDA M. EWING COURT NO.: 1.0-3152-CIVIL-TERM DONALD G. MARINKOV MARTHA K. SHELLY SERVE LINDA M. EWING AT: TYPE OF ACTION c 217 GRAVES DR XX Notice of Sheriff's Sale r- 7 r FOREST, VA 24551-2768 SALE DATE: September 5, 201 1W n .: 1 ri '6 SERVED N 1 p'6 Served and made known to LINDA M. EWING, Defendant on the day of 20 LZ_ ' ' 3> , at !z= co -n o clock ?-M., at 21l G+rcv p s 0( . t u(P in the manner d cribed below: 7:• h =C ) :r C- ? Defendant personally served. -4?' p ' CD Adult family member with whom Defendant(s) reside(s). p• Relationship is r _ 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: De iption: Age t.t ?,acompetent ight Weight _t 30 Race Sex ? Other I> adult, being duly sworn according to law, depose and state that I personally anded a true and cone copy of the Notice of Sheriffs Sale in the manner asset forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed ?`',4P •,iNa???1(r'.? ??.? before me this day _ QQ'; o N No, ', o201 R :.MY C-MM? S Notar p913012013 On the day of 20_, at /dant NOT FOUND because: Vacant _ Does Not Exist - iSNW111ttt o _ Does Not Reside (Not Vacant) _ No Answer on at at _ Service Refused Other: Sworn to and subscribed before me this day of 20_. By: Notary: 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 John M. Kolesnik, Esq., Id. No. 308877 Matthew G. Brushwood, Esq., Id. No. 310592 Dana B. Ostrovsky, Esq., Id. No. 83921 Zachary J. Jones, Esq., Id. No. 310721 One Penn Center at Suburban Station f,`_`. ~J ' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL Court of Common Pleas ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC Civil Division Plaintiff CUMBERLAND County vs. LINDA M. EWING DONALD G. MARINKOV MARTHA K. SHELLY Defendants No.:10-3152-CIVIL-TERM t-~ r.,a ' r= - - ~; ~i~ :~ ~~ ``» ~."_ ~~~ O -~ c--, ~.~ ~,. ~f i^~.~.` ~~ ORDER :a ~ `~' AND NOW, this ~ ~ day of ~~jp , 2012, upon consideration of Plain#~ffs"='' Motion to Make Rule Absolute, it is hereby O JRDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $104,957.95 Interest Through September 5, 2012 $16,546.43 Per Diem $15.41 Late Charges $129.92 Legal fees $1,750.00 Cost of Suit and Title $2,157.50 Property Inspections $270.00 Property Preservation $365.00 Escrow Deficit $15,535.76 TOTAL $141,712.56 Plus interest from September 5, 2012 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. '~ {~e~aw l~a ~~; han ~ Sc~•~~ ~ ~~~ ~ k- S~Pfly ,eke BY THE COURT: J. 2322 7 ~1~~-D.fF`!C~ ~~~ ,~ ~i~ P€~~1"~ONOTARY PHELAN HALLINAN & SCHNIIEG, LLP Alison F. Wel}s, Esq., Id. No.309519 1617 JFK Bou}evard, Suite 1400 One Penn Center P}aza P'~ilade}pha, PA 19103 215-563-7000 CIVIL DIVISION IN THE COURT OF COA+IMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMOILGAN CIiASE BANK, NATIONAL CUMBERLAND COUNTY ASSOCIATION, S!B/M TO CHASE ROME FINANCE, LLC COURT OF COMMON PLEAS Plaintiff, v. LII+~J!A M. E~ftING DONALD G. MARII'~IKOV MA1tTllA K. SfIELLY Defendant(s) ~~ ~ ~ ~~~' ~ ~ ~~d~iley ~or Plaintiff ~!!M EKNSYLY~NI~A "f Y AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMON'VNEALTII OF PENNSYLVANIA ) PI~ILAbELP'iIiA COUNTY ) SS: As requictid by Pa. R.C.P. 3129.1(x) Notice of Ss~e has been given to Liealleiders and and known intexested party in the n~tner ~~ by Pa. R.C.P. 3129.2(e) ~ of the persons or parties named, at that addreis, set forth oa-flie Affidavit and xs if aerie. A copy of the Certificate of Mn~ (Form ~iT) and/or Ce m Receipt stamped by the U.S. Foetal Service i4 attached i~ereto E ( t ~ Attorney for Plaintiff Date: 11 ~ "/~ ~_ IMPORTANT NOTICE: This preperty is sotd at the dicoctica~ of the y got stdd is u[ a five, of „1,;i,.~,,.~,~ The she nmst be pastpvaed or stayed in the event that a represenEative ~ the p~i~dtii"f'is not present at the sale. PHS # 232287 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, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC Plaintiff VS. LINDA M. EWING DONALD G. MARINKOV MARTHA K. SHELLY Defendants r •~ ~~', ~!! c~, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-3152-CIVIL-TERM 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 MARTHA K. SHELLY on OCTOBER 4, 2012 in accordance with the Order of Court dated SEPTEMBER 24, 2012. The property was posted on OCTOBER 15, 2012. Publication was advertised in THE CUMBERLAND LAW JORNAL on OCTOBER 12, 201 & in THE SENTINEL on OCTOBER 5, 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. DATE: Phelan Hallinan & Schmieg, LLP By: Jonat Lobb, Esq., Id. No.312174 Atto ey for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK,. NATIONAL ASSOCIATION, SB/M TO CHASE HOME CIVIL DIVISION FINANCE, LLC : NO.10-3152-CIVIL-TERM Plaintiff ": vs. ~, LINDA M. EWING : ~ ~ ~;; DONALD G. MARINKOV -~ MARTHA K. SHELLY ~ ~ ~.. . ; Defendants ;: ~ ~> ORDER _ ~' AND NOW, this '~' da of ~ w 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 Defendant MARTHA K. SHELLY by: ~ REGULAR MAIL TO, MARTHA K. SHELLY at, 265 SOUTH HANOVER STREET, CARLISLE, PA 17013-3905 and 217 GRAVES DRIVE, FOREST, VA 24551 Service by mail is complete upon the date of mailing ~~ CERTIFIED MAIL TO, ,MARTHA K. SHELLY at, 265 SOUTH HANOVER STREET', CARLISLE, PA 17013-3905 and 217 GRAVES DRIVE, FOREST, VA 24551 Service by mail is complete upon the date of mailing •~.1.~, POSTING 265 SOUTH HANOVER STREET, CARLISLE, PA 17013- 3905 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). BY THE COURT: L.. ~'!~ • a Co ..~ ~ __________ _. _.~.___~ 1 ~ ~, J. PHS # 2322$7 I"'~" q~q ~( ~-d~r ~CC PHELAN HALLINAN & SCHM:IEC~, I~I.,I' 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 LINDA M. EWING, DONALD G. MARINKOV, and MARTHA K. SHELLY 265 SOUTH HANOVER STREET, CARLISLE, PA 17013-3905 ~. C"" .. ~ O 4 Q rte, ` J ~'~9 ~ ~ m '~ a T Q ~ e A '~ .'7 ~ ~ .T a O ~ A r ~~ =° ~ a ~~ ~° 0 ~' ~ "' . r ~ z ~ ~ o ~p o e ., y a sn ' aa . w ~ ~ ~. ~ , ~3 F d i 4 '.• K • Y ~ } ~ s ~' ~. 1 F i F A l i I F # 11 • M ~' ~ ~ ~ ~ ~~ ~ `' ~ ~ ~z~ ~ ~ X wx~ ~ a C t., w~~ ;~ ~.,, ~' ~~ a I ~~~ ~~ a~~~ ~"~. 02,E $~ ~- 2 83° oooaa~T~~s c~r~a za~z Rf~[~ED F~~~Z#PCO~ ~ ~t Q3 ~°, 7178 2417 6099 0109 8469 LXH / 232287 MARTHA K. SHELLY 265 SOUTH HANOVER STREET CARLISLE, PA 17013-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) USPS.com®-Track & Confirm Page 1 of 1 English Customer Service USPS Mobile Register r Sign ht (A 1iCk -'~:r;lg ~,jri~ a ~BCk RgP, P.''I(~ 111811 P.~i•t113~2 ~1'Oin~ ~,/~ail :.~h0~' ._JS:tP>~ `i^Ii1t10ny Track & Confirm .al.;iti' i)E i"tx El.S YOUR LABEL NUMBER SERVICE STATUS OF YOUR ITEM DATE 8 TIME LOCATION FEATURES r 178341780H901058a89 First-Class Mail°E Notice Left (NO November 02, 2012, 11:50 am PHILADELPHIA, PA 19103 Expected Delivery By: www.usps.coMretlelivery or calling 800-ASK- Authorized Recipient October 9, 2012 USPS, or may pick up the item at the Post Available) Return Receipt Electronic Office intlicated on the notice. If this item Is unclaimed after 15 days then it will be returned to the sender. Information, if available, is uptlaietl periodically throughout the day. Please check again later "> Processed through November 01, 2012, 11:34 pm PHILADELPHIA, PA 19176 USPS Sort Facility Unclaimed October 27, 2012, 12:43 pm CARLISLE, PA Notice Left October O6, 2012, 10:14 am CARLISLE, PA 17013 Arrival at Unit October O6, 2012, 7'.46 am CARLISLE, PA 17013 Depart USPS Sort October O6, 2D12 HARRISBURG, PA 17107 Facility Processed through October 06, 2012, 12.25 am HARRISBURG, PA 17107 USPS Sort Facility Dispatched to Sort October 04, 2012, 5'.42 pm PHILADELPHIA, PA 19102 Facility Acceptance October 04, 2012, 5:35 pm PHILADELPHIA, PA 19102 Electronic Shipping Info October 03. 2012 Received Check on Another Item VN1at's your label (or receipt) number? Find LEGAL ON USPS.COM P , .3ovorrrnm'~t fieiv~cas Tc ' -: of ~ ~•:~ : E<•„.y 4am}:s 3 >hap f; P°int a ~a'aa .x th Povrge > N1-::;>.i -~. t'(;'_rc::" :,.I.}S.C'r'iE':ie'YIGe~ `Sae lnder.~ ON ABOUT.USPS.COM Lb. L{ L;SFE> Harms: ; r r oem > f9 ti 3rvlcc .!pr3ate, ; =arms t, I'tt„1 .,...,fiats ~. a.'eer5 OTHER USPS SITES Qshess' Pcs;al Insp . t~P'~.~ F " ~.I Cpl : PVri"~~) ,' C51 a,g~s rar sr: YE ~± https://tools.usps.com/go/TrackConfirmAction.action?tLabels=71782417609901098469 11 /6/2012 VIIII I IIIIIII~~INIII IVIN IINIV LXH / 232287 MARTHA K. SHELLY 217 GRAVES DRIVE FOREST, VA 24551-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) un-rr~osrAr~s rosr~c sERVrcE. Date Produced: 10/08/2012 PHELAN HALLINAN & SCHMIEG The following is the delivery information for Certified MaiIT"' item number 7178 24176099 0109 8476. Our records indicate that this item was delivered on 10/06/2012 at 03:59 p.m. in FOREST, VA, 24551. The scanned image of the recipient information is provided below. •.~.w,~t ~,,. DN1wry3~ctbn u,N,o~ Signature of Recipient: ~;, ~ ~;.-, ~~~ ~_.. '"~'~- ed c . ~ .~a C_ i "L'~"_ JC t f' /1 Z 74~ __ ~ NA~rSiff~A _.... __~_, .'~._.- -. fir.. ~\ C~ f ~t~. ~~ ~4M~r .. Address of Recipient: ~sry~_t~~' _ Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representative. Sincerely, United States Postal Service The customer reference number shown below is not validated or endorsed by the United States Postal Service. It is solely for customer use. Customer Reference Number: 110158 AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC PHS # 232287 DEFENDANT LINDA M. EWING DONALD G. MARINKOV MARTHA K. SHELLY SERVICE TEAM/ lxh COURT NO.: 10-3152-CIVIL-TERM SERVE MARTHA K. SHELLY AT: TYPE OF ACTION 265 SOUTH HANOVER STREET XX Notice of Sheriff s Sale CARLISLE, PA 17013-3905 SALE DATE: December 5, 2012 **PLEASE POST PROPERTY IN ACCORDANCE WITH THE COURT ORDER** SERVED Served and made known to MARTHA K. SHELLY, Defendant on the ~~day of ~et-o6~k , 20 ~~, at ~, a~ clock A. M., at ~~ ~ 5. T-~-/~NoJ~,! ST,~(~p, 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. 17 Other: pp 5~_pQU ~G~¢T. Description: Age _ Height Weight Race Sex Other 1_ it}::alit '~-lull pow a competent adult, hereby verify that I personally ~ka~ed 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 unsworn falsification to authorities. ~-~ .)ATE: __ ~U (S I c7- NAME: 11~1iiiC :V=vit PRINTED NAME: TITLE: Process ~eI-ver NOT SERVED On the da of 20 , at o'clock . M., I, , a competent adult hereby state that~fendyant Nt5'I'~FOIII~Tiecause: _ Vacant __ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) No Answer on _ at , Service Refiised Other: 1 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 a 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 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz October 12, 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. r' L' a Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this 12 day of October, 2012 /~ / Notary ' NOTARIAL SEA DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 26, 2014 r ~~ CUMBERLAND LAW JOURNAL NOTICE OF 8HERiFF'8 BALE In. the Court of Common Pleas of Cumberland County, Pennsylvania NO. 10-3152-CIVIL TERM JPMORGAN CHASE BANK, NATIONAL ASSOCIATION s/b/m TO CHASE HOME FINANCE, LLC vs. LINDA M. SWING, DONALD G. MARINKOV and MARTHA K. SHELLY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: MARTHA K. SHELLY Being Premises: 265 SOUTH HANOVER STREET, CARLISLE, PA 17013-3905. Being in the BOROUGH OF CAR- LISLE, County of CUMBERLAND, Commonwealth of Pennsylvania, 03210320182. Improvements consist of residen- tial property. Sold as the property of LINDA M. SWING, DONALD G. MARINKOV and MARTHA K. SHELLY. Your house (real estate) at 265 SOUTH HANOVER STREET, CAR- LISLE, PA 17013-3905 is scheduled to be sold at the Sheriff's Sale on December 5, 2012 at 10:00 A.M., at the CUMBERLAND County Court- house, 1 Courthouse Square, Car- lisle, PA 17013, to enforce the Court Judgment of $113,938.47 obtained by, JPMORGAN CHASE BANK, NATIONAL ASSOCIATION s/b/m TO CHASE HOME FINANCE, LLC (the mortgagee), against the above premises. PHELAN HALLINAN 8v SCHMIEG, LLP Attorneys for Plaintiff Oct. 12 1 PROOF OF PUBLICATION State of Pem~sylvania, County of Cumberland Ron Th~er, Sales Mana;?er, 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 73th, 1881, since which date THE SENTINEL has been regularly issued in said Count~~, 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): October 5, 2012 COPY OF NOTICE OF PUBLICATION NOTICE OF SHERIFF'S SALE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.10.3152-CIVIL-TERM JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/8/M TO CHASE HOME FINANCE, LLC Vs. - LINDA M. EWING, DONALD G. MARINKOV and MARTHA K. SHELLY NOTICE TO: MARTHA K. SHELLY NpTICE OF SHERIFF'S SALE OF REAL PROPERTY Being Premises:' 265 SOUTH HANOVER STREET, CARLISLE, PA 17013-3905 Being inthe BOROUGH OF CARLISLE, County of CUMBERLAND, Commonwea-ttt of Pennsylvania, 03210320182 Improvements consist of residential property. Sold as the property of LINDA M. EWING, DONALD G. MARINKOV and MARTHA K. SHELLY Your house (real estate) at 265 SOUTH HANOVER STREET, CARLISLE, PA 17043-3905 is scheduled to bb sold at fhe Sheriff's Sale on 12/05/2012 at 1fl:fl0 AM, at the CUMBERLAND Catmtryy Caurtttouse, 1 Courthouse Sgware, Carlisle, PA 17013, to enforce the Gourt Judgment of $113,938.47 obtained ny, JPMORC+AN CHASE BANK, NATK3NAL ASSOCIATION, Si8lM TO CHASE H(~E PINANCE, LLC (fhe mortgagee), against the above-Premises. PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Affiant further deposes that he/shr.~ 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 true. . ~-ry /', Se-worn and subscribed b(e~fo~re me this ,~~ ~ _ _ Notary Public My commission expires: -,., ~ .. CARLISLE B(7RJ'Idr•i~, ~'~ ~'fi~L ,: Cr,`1`,` ~' ' ^nmmission Exo es Jr,; ~;, I4"; i ~ ~ ._, Phelan Hallinan & Schmieg, LLP _ ~ ' ! _ .. , Allison F. Wells, Esq., Id. No.309519~ .''~ ~;;'' ~~~ k,,. ~,~. ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard. Suite 1400 ~ j ` ' "' ~ ~~ t , One Penn Center Plaza '~~ ~ ~ ~~ ~;~,~f j ~,,~, ~ ,-r~- Philadelphia, PA 19103 "`'''~ ~' '` `.~;'~, E ;~ 1, ^, 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC Plaintiff v. Court of Common Pleas : Civil Division CUMBERLAND County LINDA M. EWING DONALD G. MARINKOV MARTHA K. SHELLY Defendants No.:10-3152-CIVIL-TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on May 13, 2010. 2. Judgment was entered on August 10, 2010 in the amount of $11.3,938.47. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Plaintiff filed a prior Motion to Reassess Damages, which was granted by Order dated August 10, 2012, amending the judgment amount to $141,712.56. A true and correct copy of the Order is attached hereto, made part hereof, and marked as Exhibit "B". 4. 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 232287 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. ~. The Property is listed for Sheriffs Sale on December 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 made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through December 5, 2012 Late Charges Legal fees Cost of Suit and Title Property Inspections Property Preservation Non Sufficient Funds Charge Escrow Deficit $104,957.95 $17,941.84 $129.92 $2,175.00 $3,058.80 $476.00 $1,160.00 $40.00 $20,248.61 TOTAL $150,188.12 7. Plaintiff paid the following in taxes and insurance during the time the loan was in default: 9/20/2010 ESCROW BALANCE $2,818.00 9/20/2010 HOMEOWNERS' INSURANCE $2,818.00 6/22/2011 DELINQUENT P&I TAX $172.04 6/22/2011 DELINQUENT P&I TAX $313.57 6/22/2011 DELINQUENT P&I TAX $79.76 6/22/2011 DELINQUENT BASE TAX $2,162.51 6/22/2011 DELINQUENT BASE TAX $896.65 6/22/2011 DELINQUENT BASE TAX $797.59 8/11/2011 SCHOOL TAX $1,878.00 9/15/2011 HOMEOWNERS' INSURANCE $2,818.00 9/20/2011 HOMEOWNERS' INSURANCE $2,818.00 9/24/2011 HAZARD INSURANCE REFUND ($2,818.00) 4/6/2012 BOROUGH TAX $781.64 8/16/2012 SCHOOL TAX $1,894.85 232287 9/12/2012 HOMEOWNERS' INSURANCE $2,818.00 TOTAL $20,248.61 8. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 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. 10. Plaintiff s foreclosure judgment is in rem only and does not include personal liability. as addressed in Plaintiff s attached brief. 11. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on November 19, 2012 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 12. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge M.L. Ebert Jr. entered an order to amend judgment dated August 10, 2012. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan , DATE: ~j ~_ B Allison ells, Esquire ATTORNEY FOR PLAINTIFF 232287 Phelan Hallman & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC Plaintiff Court of Common Pleas Civil Division CUMBERLAND County v. LINDA M. EW1NG DONALD G. MARINKOV MARTHA K. SHELLY Defendants No.: 10-3152-CIVIL-TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE LINDA M. EWING and MARTHA K. SHELLY executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiff s Note was secured by a Mortgage on the Property located at 265 SOUTH HANOVER STREET, CARLISLE, PA 17013- 3905. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be 232287 cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. S~henson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortga e 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 protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 232287 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 that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village 232287 Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.RC.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiff s interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. 232287 Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The 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 Shoppin Cg 'enter, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton 232287 Real , 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 in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 232287 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. 232287 Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff s Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmie~. LLP DATE: By: ~, li n F. Wells, Esquire Att ey for Plaintiff 232287 Exhibit "A" 232287 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Attorney for Plaintiff Francis S. Hailinan, 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 t-: ~~'• Vivek Srivastava, Esq., Id. No. 202331 cr ~ ~~ :- .-.3 _ Jay B. Jones, Esq., Id. No. 86657 -„~, ~ _ _ Peter J. Mulcahy, Esq., Id. No. 61791 --- Andrew L. Spivack, Esq., Id. No. 84439 t~ ; - 3aime McGuinness, Esq., Id. No. 90134 _ _ __ Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 = Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 i 617 JFK Boulevard, Suite 1400 One Penn Center PIaza '" ~` Philadelphia, PA 19103 : ~ 215-563-7000 `' ~„ CHASE HOME FINANCE, LLC CUMBERLAND COUNTY vs. . COURT OF COMIlVION PLEAS LINDA M. EWING CIVIL DIVISION DONALD G. MARINKOV . MARTHA K. SHELLY No. 10-3152-CIVIL-TERM PRAECIPE FOR IN REM-JUDIENT FOR FAILURE TO ,;.`~~ TO THE PROTHONOTARY: ;;, ~; ``',~° ,~ ~~~~ Kindly enter judgment in favor of the Plaintiff arid` LINDA M. EWING, DONALD G. MARINKOV, and MARTHA K. SHELLY Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: ~ ~ a- 2-~ ~-.. As set forth in Complaint Interest - 02/2612010 to 08/46/2010 $2504.52 z N '? TOTAL $111,433.95 $113,938.47 I hereby certify that (1}the Defendants' last known addresses are 217 GRAVES DR, FOREST, VA 24551-2768, and 447 WILEMAN ROAD, LYNCH STATION, VA 24571-21018, and mortgaged premises located at 265 SOUTH HANOVER ST ,CARLISLE, PA 17013- 3905, and (2} that notice has been given in accordance with Rul 1 copy attached. Lawrence T. Phelan, Esquire Francis S. Hallman, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Joni, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire / Vivek Srivastava, Esquire Jay B. 3ones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bxamblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 81o a . PHS # 232267 PROTHONOTARY Exhibit "B" 232287 IN THF. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA .IPMORGAN CHASE BANK; NATIONAL Court of Common Pleas ASSOCIATION, S/B1M TO CHASE HOME FINANCE, LLC Civil Division Plaintiff CUMBERLAND County VS. : No.:10-3152-CIVIL-TERM LINDA M. EWING DONALD G. MARINKOV , ~: v` MARTHA K. SHELLY ;* ~-, a~ , ~~ -- c-~ Defendants --~, ~- g . ~-~ .ORDER ~~ ~= '•'' AND NOW, this /D day of U , 2012, upon consideration of Pla~i~ifl 5~' Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows::. Principal Balance $104,957.95 Interest Through September 5, 2012 $16,546.43 Per Diem $15.41 Late Charges $129.92 Legal fees $1,750.00 Cost of Suit and Title $2,157.50 Property Inspections $270.00 Property Preservation $365.00 Escrow Deficit $15,535.76 TOTAL $141,712.56 Plus interest from September S, 2012 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs comnussion is not included in the above figure. BY THE COURT;. %~ ~.. 232287 Exhibit "C" 232287 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (2].5)563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey November 19`'', 2012 LPvDA M. SWING MARTHA K. SHELLY 447 WILEMAN ROAD LYNCH STATION, VA 24571-2108 DONALD G. MARINKOV 265 SOU'I'IJ HANOVER STREE`T' CARLISLE, PA 17013-3905 RE: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASF, HOME FINANCE, LLC v. LINDA M. SWING, DONALD G. MARINKOV and MARTHA K. SHELLY Premises Address: 265 SOUTH HANOVER STREET CARLISLE, PA 17013 CUMBERLAND County CCP, No. 10-3152-CIVIL-TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 1 l /26/2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. -~. ~~~ Very truly yours, -~-~'°'~ X111 ~r E . Wt`~115; ~yt~, Id. No.309519 Attorney for Plaintiff Enclosure 232287 i Y i ~ 0 ..~ .~ ,~ .~ '~ ~ C V ~ ~~~ ~" ~ p ~ ~ ~~ ~~ ~~~~ y .-. N a`D~a b ~ ~ ~.: zdo f _____.~ U O ~ N CI T ~` ~ ~ T ~ ~+ _--- _~_ . c1 O `$ c w m ~ ' c _ u . 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No.309519 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 Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County v. LINDA M. EWING DONALD G. MARINKOV MARTHA K. SHELLY Defendants No.: 10-3152-CIVIL-TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff s Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. LINDA M. EWING MARTHA K. SHELLY DONALD G. MARINKOV 447 WILEMAN ROAD LYNCH STATION, VA 24571-2108 LINDA M. EW1NG MARTHA K. SHELLY 217 GRAVES DR FOREST, VA 24551-2768 DATE: LINDA M. EWING DONALD G. MARINKOV MARTHA K. SHELLY 265 SOUTH HANOVER STREET CARLISLE, PA 17013-3905 MARTHA K. SHELLY 50 ASHLEA VILLAGE NEW HOLLAND, PA 17557 Phelan Hall' ieg, LLP Alliso .Wells, Esquire ATTORNEY FOR PLAINTIFF 232287