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HomeMy WebLinkAbout10-3849l' FILED ,Zr Tl ?? ??r ? •n Y/Apy 2010 ! 1; 11 A `311: 33 t'&.4ivSYi v"'? N Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JP MORGAN CHASE BANK, NA 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 ATTORNEY FOR PLAINTIFF 206326 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff V. WANDA K. NEUMANN MICHAEL E. NEUMANN 428 SOUTH HANOVER STREET, CARLISLE, PA 17013-3916 Defendants TERM NO. IO -.?8y? 4 l c? c 1. ?? CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 206326 0 C :1) ') QQ2.oo " CIF QI.U7'f1 r / ?- ay3sz7 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 #: 206326 1. Plaintiff is JP MORGAN CHASE BANK, NA 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 2. The name(s) and last known address(es) of the Defendant(s) are: WANDA K. NEUMANN MICHAEL E. NEUMANN 428 SOUTH HANOVER STREET, CARLISLE, PA 17013-3916 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 10/26/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CHASE BANK USA, N.A which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200741398. By Assignment of Mortgage recorded 07/01/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200922476. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2009 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. 6. The following amounts are due on the mortgage: File #: 206326 6 The following amounts are due on the mortgage: Principal Balance $109,914.60 Interest $12,665.41 12/01/2009 through 05/17/2010 (Per Diem $23.71) Attorney's Fees $650.00 Cumulative Late Charges $386.32 10/26/2007 to 05/17/2010 Property Inspections/Property Preservations $56.00 Appraisal/Brokers Price Opinion $586.50 Costs of Suit and Title Search $550.00 Escrow Deficit $12,961.57 Subtotal $137,770.40 Suspense Credit $781.58 TOTAL $136,988.82 7 8 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 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 #: 206326 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $136,988.82, together with interest from 05/17/2010 at the rate of $23.71 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. 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 ?C, °urtenay R. Dunn, Esq., Id. No. 206779 L? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 206326 LEGAL DESCRIPTION ALL that certain lot of ground situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the curb line of South Hanover Street, at corner of lot now or formerly of Mrs. Levi Hertzler; thence Westwardly through the center line of the partition wall of the house on the lot hereby being conveyed and the house on the lot now or formerly of the said Mrs. Levi Hertzler, a distance of Two Hundred Forty (240) feet, more or less, to the center line of School Alley; thence Northwardly by said center line of said School Alley, a distance of twenty (20) feet; thence Eastwardly by lot of ground now or formerly of W. A. Wetzel, a distance of One Hundred Seventy-nine (179) feet Nine (9) inches to a point at the center of the Western entrance to an alley-way two (2) feet six (6) inches wide, which said alley-way is between the house on the lot hereby being conveyed and the house on the lot, now or formerly of the said W.A. Wetzel; thence Northwardly by said lot now or formerly of the said W. A. Wetzel, one (1) foot six (6) inches to a point in the center of the partition wall between the house hereby being conveyed and that now or formerly of the said W.A. Wetzel; thence Eastwardly by the center line of said partition wall, a distance of sixty (60) feet, three (3) inches, more or less, to a point on the curb line of said South Hanover Street; thence Southwardly by said curb line a distance of Twenty-one (21) feet six (6) inches to corner of lot now or formerly of the said Mrs. Levi Hertzler, the Place of BEGINNING. BEING improved with a three story-brick dwelling house known as and numbered 428 South Hanover Street, and other improvements. File #: 206326 RESERVING, HOWEVER, to the owner of the lot of ground on the North of the property hereby being conveyed, his heirs and assigns, the right to the use of the aforesaid alley-way, two (2) feet six (6) inches wide as the same is now constructed and used in common with the said Grantors herein, their heirs and assigns, as necessary charges and expenses which shall from time to time accrue in paving, repairing and cleaning the said alley-way to be shared equally by the owners of said adjoining properties, their heirs and assigns. BEING the same premises which Charles Brown and Betty A. Brown, husband and wife by deed dated November 10, 1964 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 21 K, Page 622, granted and conveyed unto Betty A. Brown, single person, Grantor herein. PREMISES 428 SOUTH HANOVER STREET, CARLISLE, PA 17013 PARCEL NO. 04-22-0483-056 File #: 206326 VERIFICATION 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. DATE: Attorney for Plaintiff File #: 206326 SHERIFF'S OFFICE OF COMB Ronny R Anderson sheriff ~~~,~,tr c~ t~i~b~r~~~ Jody S Smith ,- ~ Chief Deputy !~;-,k ~. Richard W Stewart ` ~~' ~~-~~~~ Solicitor cr~z!c~ QF Tie s+~ea(~F ERLAND COUNTY ~I~C~ra ~1~ ~ ~Sr TF;~ ; ,.;,,. ^,Ct;gy 2D10 J~t~ 17 Fri' 2: ~,~ CUt~~~ , ~ -,uUN'(Y JP Morgan Chase Bank, NA Case Number vs. Michael Edward Neumann (et al.) 2010-3849 SHERIFF'S RETURN OF SERVICE 06/14/2010 09:28 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 14, 2010 at 2128 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Michael Edward Neumann, by making known unto himself personally, at 428 S. Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. _. ~~~~ NOAH CLINE, DEPUTY 06/14/2010 09:28 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 14, 2010 at 2128 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Wanda K. Neumann, by making known unto Michael Edward Neumann, Husband of defendant at 428 S. Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. ~~~ NOAH CLINE, DEPUTY SHERIFF COST: $49.40 June 16, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c} CountySuite Sheriff. Teleosoff, Inc. -" Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JP MORGAN CHASE BANK, NA Plaintiff vs. ~1L~ }- ~ ,~, ; c ,~ it nr, , J.?r r !."1~~~,4t',Y ~.~~ ~r ~"~ ,ice ~ ~_ 2~I0 .~~~~ 30 ~'~ i2~ 51 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-3849-CIVIL TERM WANDA K. NEUMANN CUMBERLAND COUNTY MICHAEL E. NEUMANN . Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 206326 v Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Hallinan & Sc ieg, LLP -v for Plaintif By: ^ rence T. Phelan, E q., Id. No. 32227 ^ ands S. Hallinan, q., Id. No. 62695 ^ aniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ J dith T. Romano, Esq., Id. No. 58745 ^ heetal 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 Date: 6-28-10 PHS #: 206326 VERIFICATION Beth CO~r811 ,hereby states that he/she is pss~t8nt $~Cretary of, CHASE HOME FINANCE" servicing agent for Plaintiff in this matter, JP MORGAN CHASE BANK, NA, that he/she is authorized to take this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: ~ ~ ~ $) t o File #: 206326 Name: Beth ~ Title: Asslstant S6dietffiy Servicer: CHASE HOME FINANCE ~(.C Name: NEUMANN I~~DL~I`1t"'~q Default 01 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JP MORGAN CHASE BANK, NA Plaintiff vs. WANDA K. NEUMANN MICHAEL E. NEUMANN Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-3849-CIVIL TERM CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: WANDA K. NEUMANN 428 SOUTH HANOVER STREET, CARLISLE, PA 17013,3916 PHS #: 206326 MICHAEL E. NEUMANN 428 SOUTH HANOVER STREET, CARLISLE, PA 17013-3916 Phelan Hallinan & Sc i , LLP A~thornev for Plaintiff By: ^ ^I ^ ~ I-IJ •ence'T.~'helan, Esq./Id. No. 32227 pis S. Hallinan, Es , Id. No. 62695 el G. Schmieg, Esq., Id. No. 62205 ~ele M. Bradford, Esq., Id. No. 69849 h T. Romano, Esq., Id. No. 58745 tal 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 Date: 6-28-10 PHS #: 206326 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ,Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JP MORGAN CHASE BANK, NA vs. WANDA K. NEUMANN MICHAEL E. NEUMANN ~~~t:: ,,~ ... ~~'-- ~ ~; Attorney for Plaintiff Z ti' ._F~~ ~~ ~.;y o?b!D ,~v L o?P~ P/rit e~l:oc ~,yL ,,, . CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-3849-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 WANDA K. NEUMANN. and MICHAEL E. NEUMANN, 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: ~~~4.0o Pp A~t'`1 e`~ 48a~8o ~ a~ 54~q As set forth in Complaint $136,988.82 Interest - 05/18/2010 to 07/27/2010 TOTAL $1,683.41 $138,672.23 I hereby certify that (1) the Defendant's last known address is 428 SOUTH HANOVER STREET„ CARLISLE, PA 17013-3916, and (2) that notice has been given in accordance with Rule 237.1, copy attached. r L~'~ence T. Phelan, Esquire -iFrancis S. Hallinan, Esquire~Zfp~~ 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 INDICATE DATE: ~ p PHS # 206326 PROTHONOTARY Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JP MORGAN CHASE BANK, NA vs. WANDA K. NEUMANN MICHAEL E. NEUMANN Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-3849-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 WANDA K. NEUMANN is over 18 years of age and resides at 428 SOUTH HANOVER STREET„ CARLISLE, PA 17013-3916. (c) that defendant MICHAEL E. NEUMANN is over 18 years of age and resides at 428 SOUTH HANOVER STREET„ CARLISLE, PA 17013-3916. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~/ /~ , ~- LJ L wrence T. Phelan, Esq., Id. No. 32227 [~rancis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff (Rule of Civil Procedure No. 236) -Revised JP MORGAN CHASE BANK, NA vs. WANDA K. NEUMANN MICHAEL E. NEUMANN CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-3849-CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on ~ $ If you have any questions concerning this matter please contact: ^ rence 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 Attorney or Party Filing 1617 JFK Boulevard, 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 PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** JP MORGAN CHASE BANK, NA v. Plaintiff COURT OF COMMON PLEAS CNII. DNISON NO. i0-3849-CNIL TERM WANDA K. NEUMANN MICHAEL E. NEUMANN Defendant(s) TO: WANDA K. NEUMANN 428 SOUTH HANOVER STREET, CARLISLE, PA 17013-3916 DATE OF NOTICE: July 8, 2010 CUMBERLAND COUNTY THIS FIlZM 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 RECENED 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. IlVIPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAII.ED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TU 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 # 206326 .~ Office of the Prothonotary Cumberland County Courthouse f 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: Law ce T. Phelan, sq., Id. .32227 F i S. Hallinan, Esq., Id. N .62695 Dani 1 .Schmieg, Esq., Id. No. 62205 Mich IVI. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. S874S Sheetal R. Shah-Jani, Esq., Id. No. 817 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 # 206326 r' JP MORGAN CHASE BANK, NA v. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-3849-CfV1L TERM WANDA K. NEUMANN MICHAEL E. NEUMANN Defendants} CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE TO: MICHAEL E. NEUMANN 428 SOUTH HANOVER STREET, CARLISLE, PA 17013-3916 DATE OF NOTICE: July 8, 2010 YOU ARE IN .DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F 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. 1F 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 # 206326 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 a ence`P. Phelan, Esq., I~No. 32227 r cis S. Hallinan, Esq., Id. o. 62695 el G. Schmieg, Esq., Id. No. 62205 M hele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 817 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 # 206326 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 JP MORGAN CHASE BANK, NA Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-3849-CIVIL TERM WANDA K. NEUMANN MICHAEL E. NEUMANN Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 07/28/2010 to Date of Sate ($22.80 per diem) TOTAL S -4.00 P n A-MrY 4x.40 CBF ga.00 W. oo 01-50 " s j8r.go. PO ATTY *b1.00 QtVIOID • 60 LL Note: Please attach description of property. PHS # 206326 e* qq tea 2'a 0 N738l0 95 $138,672.23 $ 3,055.2.0 3tt? z [-- C/) ;P ?C G $141,727.43 _74 omey for Plaintiff Phelan Hallinan & Schmieg, LLP ? L ence T. Phelan, Esq., Id. No. 32227 rancis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 9462( ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 a ?4 m rV __j 'xu ca -c m C? y O O O ?zz¢ Zxa z¢¢? Zxa 1> 3 aFw z Zn ¢o x on oo U c°Ov ?u O> o OmA a ?. atez' V Na\N° d?6 Cc' Qr [-: d W MNN?9 0-01,- ZON O Ct Z W O C. 0 0 0 . Zo?oo?+N,? O pb G Oz x w a a ZZ°Z a o c 'o 0. a~ZZ? ^ZZZooZ O.6 ??ro ^ ?,WbbbZOb 6.o'W O ^ n O 'n (z 0 C ?ww WbW vQi y'?b y"W W'cy?dww ai OU A ?°° cwww ^W ?w? E, U ?WW y ao?,c. >W Tip; o ?i Wz? O? Sac''??5 2>? rte- z (z' v a o s y rn o o a , C4 O? S ,Waw W o a ?a ?xcn? A? > as vt? >;U U as d Q w `U' t74s.`?Ll aran?°'.?a>tiaQU °UQ 3 a w a? ?aaaoaooaoaar LEGAL DESCRIPTION ALL that certain lot of ground situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the curb line of South Hanover Street, at corner of lot now or formerly of Mrs. Levi Hertzler; thence Westwardly through the center line of the partition wall of the house on the lot hereby being conveyed and the house on the lot now or formerly of the said Mrs. Levi Hertzler, a distance of Two hundred Forty (240) feet, more or less, to the center line of School Alley; thence Northwardly by said center line of said School Alley, a distance of twenty feet (20); thence Eastwardly by lot of ground now or formerly of W. A. Wetzel, a distance of One Hundred Seventy-nine (179) feet Nine (9) inches to a point at the center of the Western entrance to an alley- way two (2) feet six (6) inches wide, which said alley-way is between the house on the lot hereby being conveyed and the house on the lot, now or formerly of the said W. A. Wetzel; thence Northwardly by said lot now or formerly of the said W. A. Wetzel, one (1) foot six (6) inches to a point in the center if the partition wall between the house hereby being conveyed and that now or formerly of the said W. A. Wetzel; thence Eastwardly by the center line of said partition wall, a distance of sixty (60) feet, three (3) inches, more or less, to a point on the curb line of said curb line distance of Twenty-one (21) feet six (6) inches to corner of lot now or formerly of the said Mrs. Levi Hertzler, the place of BEGINNING. BEING improved with a three story-brick dwelling house known as and numbered 428 South Hanover Street, and other improvements. RESERVING, HOWEVER to the owner of the lot of ground on the North of the property herby being conveyed, his heirs and assigns, the right to the use of the aforesaid alley-way, two (2) feet six (6) inches wide as the same is now constructed and used in common with the Grantors, herein, their heirs and assigns, as necessary charges and expenses which shall from time to time accrue in paving, repairing and cleaning the said alley-way to be shared equally by the owners of said adjoining properties, their heirs and assigns. TITLE TO SAID PREMISES IS VESTED IN Michael E. Neumann and Wanda K. Neumann, h/w, by Deed from Betty A. Brown, single person, dated 12/31/2001, recorded 01/04/2002 in Book 249, Page 4523. PREMISES BEING: 428 SOUTH HANOVER STREET„ CARLISLE, PA 17013-3916 PARCEL NO. 04-22-0483-056 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-3849 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP MORGAN CHASE BANK NA, Plaintiff (s) From WANDA K. NEUMANN and MICHAEL E. NEUMANN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $138,672.23 L.L. $.50 Interest from 7/28/10 to Date of Sale ($22.80 per diem) -- $3,055.20 Atty's Comm % Due Prothy $2.00 Atty Paid $181.90 Other Costs Plaintiff Paid Date: 8/27/10 avid D. Buell, Pr honotary (Seal) By: REQUESTING PARTY: Name: FRANCIS S. HALLINAN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Deputy Telephone: 215-563-7000 Supreme Court ID No. ba1oR.6 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JP MORGAN CHASE BANK, NA Plaintiff V. WANDA K. NEUMANN MICHAEL E. NEUMANN Defendant(s) FILED-0FE OF THE PP,^ ' 4,r,)14bTAW Attorneys for Plaintiff ?0A1!,27 AMIfs32 "BERLAND COLM COURT OF COMMON PLEAS PENNSYI.VANfA CIVIL DIVISION CERTIFICATION : NO. 10-3849-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 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. By: - Da4?_' Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? La nce T. Phelan, Esq., Id. No. 32227 rands 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 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 JP MORGAN CHASE BANK, NA Plaintiff V. WANDA K. NEUMANN MICHAEL E. NEUMANN Defendant(s) COURT OF COMMON PLEAS FlUD-Of OFE CIVIL DIVISION CF TW 0 A1,G Z7 AM It: 32 NO. 10-3849-CIVIL TERM CL U'lzVD COUM CUMBERLAND COUNTY PNNSYLVMA PHS # 206326 AFFIDAVIT PURSUANT TO RULE 3129.1 JP MORGAN CHASE BANK, NA, 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 428 SOUTH HANOVER STREET„ CARLISLE, PA 17013-3916. 1. Name and address of Owner(s) or reputed Owner(s): Name WANDA K. NEUMANN MICHAEL E. NEUMANN 2. Name and address of Defendant(s) in the judgment: Address (if address cannot be reasonably ascertained, please so indicate) 428 SOUTH HANOVER STREET, CARLISLE, PA 17013-3916 428 SOUTH HANOVER STREET, CARLISLE, PA 17013-3916 Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be 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 Domestic Relations of Cumberland County 428 SOUTH HANOVER STREET, CARLISLE, PA 17013-3916 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. August 25, 2010 By: Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 rancis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 JP MORGAN CHASE BANK, 16? THE p, .. ," fq0TAR1t `0 AUG 27 AM 11:32 : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION OWEEfi,LAV- D COLM NO. 10-3849-CIVIL TERM PENNSYCVANA . WANDA K. NEUMANN CUMBERLAND COUNTY MICHAEL E. NEUMANN Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: WANDA K. NEUMANN MICHAEL E. NEUMANN 428 SOUTH HANOVER STREET, CARLISLE, PA 17013-3916 "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 428 SOUTH HANOVER STREET„ CARLISLE, PA 17013-3916 is scheduled to be sold at the Sheriff's Sale on 1210812010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $138,672.23 obtained by JP MORGAN CHASE BANK, NA (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that certain lot of ground situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the curb line of South Hanover Street, at corner of lot now or formerly of Mrs. Levi Hertzler; thence Westwardly through the center line of the partition wall of the house on the lot hereby being conveyed and the house on the lot now or formerly of the said Mrs. Levi Hertzler, a distance of Two hundred Forty (240) feet, more or less, to the center line of School Alley; thence Northwardly by said center line of said School Alley, a distance of twenty feet (20); thence Eastwardly by lot of ground now or formerly of W. A. Wetzel, a distance of One Hundred Seventy-nine (179) feet Nine (9) inches to a point at the center of the Western entrance to an alley- way two (2) feet six (6) inches wide, which said alley-way is between the house on the lot hereby being conveyed and the house on the lot, now or formerly of the said W. A. Wetzel; thence Northwardly by said lot now or formerly of the said W. A. Wetzel, one (1) foot six (6) inches to a point in the center if the partition wall between the house hereby being conveyed and that now or formerly of the said W. A. Wetzel; thence Eastwardly by the center line of said partition wall, a distance of sixty (60) feet, three (3) inches, more or less, to a point on the curb line of said curb line distance of Twenty-one (21) feet six (6) inches to corner of lot now or formerly of the said Mrs. Levi Hertzler, the place of BEGINNING. BEING improved with a three story-brick dwelling house known as and numbered 428 South Hanover Street, and other improvements. RESERVING, HOWEVER to the owner of the lot of ground on the North of the property herby being conveyed, his heirs and assigns, the right to the use of the aforesaid alley-way, two (2) feet six (6) inches wide as the same is now constructed and used in common with the Grantors, herein, their heirs and assigns, as necessary charges and expenses which shall from time to time accrue in paving, repairing and cleaning the said alley-way to be shared equally by the owners of said adjoining properties, their heirs and assigns. TITLE TO SAID PREMISES IS VESTED IN Michael E. Neumann and Wanda K. Neumann, h/w, by Deed from Betty A. Brown, single person, dated 12/31/2001, recorded 01/04/2002 in Book 249, Page 4523. PREMISES BEING: 428 SOUTH HANOVER STREET„ CARLISLE, PA 17013-3916 PARCEL NO. 04-22-0483-056 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY JP MORGAN CHASE RANK, NA PHS # 206326 DEFENDANT SERVICE TEAM/ kac WANDA K. NEUMANN COURT NO.: 10-3849-CIVIL TERM MICHAEL E. NEUMANN SERVE WANDA K. NEUMANN AT: TYPE OF ACTION 428 SOUTH HANOVER STREET, XX Notice of Sheriff's Sale CARLISLE, PA 17013-3916 SALE DATE: 12AW2010 t'1 r? a SERVED C*1 rn- Served and made known to WANDA K. NEUMANN , Defendant on the at day of TE,pl?.Atfj F,C , 2010?) 3 , o'clock R M., at # ?S S. {4/?11DY£k ST. t.tSL4. in the manner described below: De + fendant personally served. ? _ Adult family member with whom Defendant(s) reside(s). .cam ?a r jt1 Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. a?'_. C) " -= r1r3 _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). ; - Agent or person in charge of Defendant's office or usual place of business. "' . _ an officer of said Defendant's company. ' _ Other: Description: Age OS Height `a 15 Weight ?a Race W Sex T- Other 1, RQ6,c" (jOLt? , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and su sc •bed i before me this day KIMBERLY CORTY of a NOTARY PUBLIC STATE OF NEW JERSEY Not Y NOT SERVED MY COMMISSION EXPIRES MARCH 7,20B On the a 20_, at o'clock _. M., Defendant NOT FOUND because: ac Does Not Exist Moved _ Does Not Reside (Not Vacant) No Ans at at Service Refused Other. Sworn to and subscribed before me this day of - By: Notary: ATTORNEY FOR PLAIN 1 IE? Lwr+esoe T. Phe^ Baq, ld N& 3= Foadt 8. HWIlmoa, Fig, X No. 620S DaafelG. SrkaJeB, Fiq.ld. \w 61205 bDdkkM.Bra W4&9,M.N&6%0 Jndkh T. Roaaaq Fal, id. No 58745 *AM R S hoh-Jof, Fp, Id.. Na 8170 Jenhm R. Dnq, Fig, hi. Nw 87877 Laura R. Tabu, Raq., M. Nw 93337 Vh1ek MmasM Faq., M. Nw 381331 Jar L Jaoea, Fag, M. Ns. XW FekrI MWokr, Fag, M. Nw 61791 Andw.w L Siomk, Faq, A No, 86419 Jobe McGaboan, Fail, Id. No. 98130 C4eb Awk P. Ffte4 Fig, it Nw 94628 Jaebn L GeMmic4 Fag, Id. Nw 2047 Cwrkmy R. Darra, Rig, id. No. 116779 Aadmw C. Fa?,,M. No, 3118.975 one ram cafarat Stihoie skedw 1617 Jahn F. Kew* Rhd, Sube 1488 Pbihdt0i%PA 19113.1814 (W) 50-7W AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY JP MORGAN CHASE BANK, NA PHS # 206326 DEFENDANT SERVICE TEAM/ kxc WANDA K. NEUMANN COURT NO.: 10-3849-CIVIL TERM MICHAEL E. NEUMANN SERVE MICHAEL E. NEUMANN AT: TYPE OF ACTION ' s Sale 428 SOUTH HANOVER STREET, XX Notice of Sheriff r-0 11 CARLISLE, PA 17013-3916 SALE DATE: 11/011/2010 c SERVED rT1? C/) r n fil- r Served and made known to MICHAEL E. NEUMANN , Defendant on the 12:f-day of S6PT E9 , 2 t l r ? 'A JA o clock ?. M., at 41? EIAlltoyt? UQ.+' S t E,i in the manner described below: e l1 d % ? -T . _ Defendant personally serve ] 5'T1 Adult family member with whom Defendant(s) reside(s). - ) Relationship is wl C _ Adult in charge of Defendant's residence who refused to give name or relationship. G ,_ . P Manager/Clerk of place of lodging in which Defendant(s) reside(s). 7>1 Agent or person in charge of Defendant's office or usual place of business. tti r _ _ an officer of said Defendant's company. _ Other: Description: Age Height 55 Weight;IbO Race W Sex F Other I, ?IAIA-_L b 110 LL , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captio ned On th y 20_, at _ o'clock ^ M., Defendant NOT FOUND because: < Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: case on the date and at the address indicated above. Sworn to and subscribed ?_KIMBERLY CORTY before me this _ j day NOTARY PUBLIC of 20? STATE OF N8W JERSEY s; MY COMMISSION EXPIRES MARCH 7, lOt3 Notary: By: NOT SERVED Sworn to and subscribed oefore me this. day By: Notary: ATTORNEY FOR PLAINTIFF Lwreme T. %Wsm6 Faq., 1d. Na. 32227 haw.* S. Hd40% Emil, 1d. Na 62695 Damel G. Sekmk& Pp, I& N& 62295 Mkb* M. BrmVer4 Fiq., Id. No. 69809 Judl1k T. &A w s, Erq, hL Na. SS745 Shedd R 56W.Juk ER, Id. Na 81760 Jobe L DM, Eaq, Id. Nu 81077 law" R Tabu, Es%, Id. Nr 93w vivek Sri=OM FiO, Id. N& 29331 Jay & Jana, Eaq, Id Nn 8605'1 Fe erJ. Mdnhy, Feq, rd. No. 61791 Andrew L Spivak Faq,Id.Ns.844M Jab a M<GUMaem Esq. K Na. 99136 chmmis a P. FWkK Erg, It N0.94620 Jmhaa LGWdw^ Faq, M Na 296067 Cawkwy R. Dmm, Fay, Id. N& 296779 Andrew G Bnsrhldl, Id. Nw 2MO75 cmerat swim Z Z Ja1n F. Kdoodyllhil, Soft 1400 9Nlyde0K PA 191{3.1814 (215)563.7000 1? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA XP MORGAN CHASE BANK, NA CUMBERLAND COUN'T'Y Plaintiff, COURT OF COMMON PLEAS V NVANDA K. NEUMANN MICHAEL E. NEUMANN Defendant(s) CIVIL DIVISION No.: 10-3849-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNT'S ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been liven to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S„ Postal Service is attached hereto Exhibit "A"- 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., Td. No. 58745 ? Sheetal R. Shah Jani; Esq., Id, No. 81760 ?,Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas Esq., Id. No. 93337 - ? Vivel< Srivastava, Esq:, Id. No. 202331 w ? Jay B. Jones; Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 -? FI/Andrew L. Spivack, Esq., Id. No. 84439 aiime McGuinness, Esq., Id, No, 90134 Chrisovalante P. Fliakos; Esq., Id. No. 94620 Joshua 1, Goldman, Esq.; Id. No. 205047 h. ? Cour-tenay R. Dunn, Esq., Id. No, 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff Date: --=? .?--- IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. Itmay not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS 9 206326 JP MORGAN CHASE BANK, NA Plaintiff WANDA K. NEUMANN CIVIL DIVISION V. WANDA K. NEUMANN MICHAEL E. NEUMANN Defendant(s) MICHAEL E. NEUMANN PHS 4 206326 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 JP MORGAN CHASE BANK, NA, 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 428 SOUTH HANOVER STREET„ CARLISLE, PA 17013-3916. Name and address of owner(s) or reputed Owner(s): Name 2. 3 4 5 Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE COURT OF COMMON PLEAS NO. 10-3849-CIVIL TERM CUMBERLAND COUNTY Address (if address cannot be reasonably ascertained, please so indicate) 428 SOUTH HANOVER STREET, CARLISLE, PA 1701.3-3916 428 SOUTH HANOVER STREET, CARLISLE, PA 17013-3916 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) ,JAMES C. COSTOPOULOS 10 COURTHOUSE AVENUE, STE 103 CARLISLE, PA 17013 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT ]Domestic Relations of Cumberland County 428 SOUTH HANOVER STREET, CARLISLE, PA 17013-3916 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa:. C.S.A. § 4904 relating to unsworn falsificatio to authorities. k. )2 ;1 Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan; Esq., Id. Noy. 62695 Daniel G. Schmeg, 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 ?JayB. 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 0 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No 208375 `gyan??rAV?+ ` n3?row aa3 . ti 3naadtizw ao o £otis r gSZLL ' JN? ZO b OGOZ Zia?? G o v a 1 /1 z lo fi S3N09 A3rilla ?' R A! -? l r 6' Y ? C7 U ?L W L..e © O Gx W o M N CO y ?.. C, ?, y ? 4 V 'O O y rn CD g V) O a F © N w O o b C1 y C LM O o r-1 k Ci V-4 C L 0 n.- +'' G GD y d *Z m °' ?, a a aIn ti a i >,?ri? t ca At eq L. p f?4 ?oj 7j t- ° zcn a ea ; *? 00 z "ItU ?U Usa° CL 14 U v ' f l b w ,-? C Y M et Vi z Q c7 :a m a U El e Q e y a a L a ro 3 o}77i w ? q b .d N 5 ar N ? Y b w M y ?p?. N k0 .D w m ? ?. b. •wb Oryi 7 Q a 3 z o.-rN M? Y' o O bA •) S1 V) O p, r b ? z¢p > Zo :E -8 i w d u c E 0 V T n a c a 0 0 rn a Cl) k -k X -% '% 'X "K 'k 'K % % •X .k r7-+ -X -K % -X -% -k -k -k -X X •k •X •Y. •K •K •K -X ? N .k # -K % Ic -k # •k -X -k -X X •X -X -K ? ? T y? .O N Q b U . -? f `1 M 'a' k n m v C .' N M e T' t. 11 0 r 00 C n r -1 r -1 r -1 r -1 n-1 H F P. iw V t r-• `F lw Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY D FILED-OFFICE r!F THE PROTHONOTARY 10111 APR I I AM 10: 33 JP Morgan Chase Bank, NA vs. Case Number Michael Edward Neumann (et al.) 2010-3849 01JMBERLANO CCU " s Y PENNSYLVANIt SHERIFF'S RETURN OF SERVICE 10/14/2010 Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 10-14-10 at 1536 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Michael Edward & Wanda K. Neumann, located at, 428 South Hanover Street, Carlisle, Cumberland County, Pennsylvania according to law. 10/14/2010 Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 10-14-10 at 1536 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Michael Edward Neumann, by making known unto, Michael Benson, adult in charge, at, 428 S. Hanover Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 10/14/2010 Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 10-14-10 at 1536 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Wanda K. Neumann, by making known unto, Michael Benson, adult in charge, at, 428 S. Hanover Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 12/02/2010 As directed by Daniel G Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/2/2011 02/02/2011 As directed by Daniel G Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/6/2011 04/04/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Schmieg on 4/4/11. SHERIFF COST: $691.11 April 07, 2011 SO ANSWERS, RONir' R ANDERSON, SHERIFF SI,gA,? 0- k. 812gs !.c`; C011MYS'Ate Sher"f. Teieoso`t. Inc. e? • r Jl' MORGAN CHASE'BANK, NA Plaintiff , COURT OF COMMON PLEAS CIVIL DIVISION v. '" ANDA K. NEUMANN MICHAEL E. NEUMANN Defendant(s) CUMBERLAND COUNTY PHS # 206326 AFFIDAVIT PURSUANT TO RULE 3129.1 JP MORGAN CHASE BANK, NA, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Pmecipe for the Writ of Execution was filed, the following information concerning the real property located at 428 SOUTH HANOVER STREET„ CARLISLE, PA 17013-3916. Name and address of Owner(s) or reputed Owner(s): Name NO. 10-3849-CIVIL TERM WANDA K. NEUMANN MICHAEL E. NEUMANN 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 428 SOUTH HANOVER STREET, CARLISLE, PA 17013-3916 428 SOUTH HANOVER STREET, CARLISLE, PA 17013-3916 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address df every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: .. ' Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA 428 SOUTH HANOVER STREET, CARLISLE, PA 17013-3916 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal Imowledge or information and belief. I understand that false statements herein are made subject to the penalties or 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. August 25, 2010 By: Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? La ence T. Phelan, Esq., Id. No. 32227 rancis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 JP MORGAN CHASE BANK, NA : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. : NO. 10-3849-CIVIL TERM WANDA K. NEUMANN CUMBERLAND COUNTY MICHAEL E. NEUMANN . Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: WANDA K. NEUMANN MICHAEL E. NEUMANN 428 SOUTH HANOVER STREET, CARLISLE, PA 17013-3916 "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 428 SOUTH HANOVER STREET„ CARLISLE, PA 17013-3916 is scheduled to be sold at the Sheriffs Sale on 12/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $138,672.23 obtained by JP MORGAN CHASE BANK, NA (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that certain lot of ground situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the curb line of South Hanover Street, at corner of lot now or formerly of Mrs. Levi Hertzler; thence Westwardly through the center line of the partition wall of the house on the lot hereby being conveyed and the house on the lot now or formerly of the said Mrs. Levi Hertzler, a distance of Two hundred Forty (240) feet, more or less, to the center line of School Alley; thence Northwardly by said center line of said School Alley, a distance of twenty feet (20); thence Eastwardly by lot of ground now or formerly of W. A. Wetzel, a distance of One Hundred Seventy-nine (179) feet Nine (9) inches to a point at the center of the Western entrance to an alley- way two (2) feet six (6) inches wide, which said alley-way is between the house on the lot hereby being conveyed and the house on the lot, now or formerly of the said W. A. Wetzel; thence Northwardly by said lot now or formerly of the said W. A. Wetzel, one (1) foot six (6) inches to a point in the center if the partition wall between the house hereby being conveyed and that now or formerly of the said W. A. Wetzel; thence Eastwardly by the center line of said partition wall, a distance of sixty (60) feet, three (3) inches, more or less, to a point on the curb line of said curb line distance of Twenty-one (21) feet six (6) inches to corner of lot now or formerly of the said Mrs. Levi Hertzler, the place of BEGINNING. BEING improved with a three story-brick dwelling house known as and numbered 428 South Hanover Street, and other improvements. RESERVING, HOWEVER to the owner of the lot of ground on the North of the property herby being conveyed, his heirs and assigns, the right to the use of the aforesaid alley-way, two (2) feet six (6) inches wide as the same is now constructed and used in common with the Grantors, herein, their heirs and assigns, as necessary charges and expenses which shall from time to time accrue in paving, repairing and cleaning the said alley-way to be shared equally by the owners of said adjoining properties, their heirs and assigns. TITLE TO SAID PREMISES IS VESTED IN Michael E. Neumann and Wanda K. Neumann, h/w, by Deed from Betty A. Brown, single person, dated 12/31/2001, recorded 01/04/2002 in Book 249, Page 4523. PREMISES BEING: 428 SOUTH HANOVER STREET„ CARLISLE, PA 17013-3916 PARCEL NO. 04-22-0483-056 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-3849 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP MORGAN CHASE BANK NA, Plaintiff (s) From WANDA K. NEUMANN and MICHAEL E. NEUMANN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $138,672.23 L.L. $.50 Interest from 7/28/10 to Date of Sale ($22.80 per diem) -- $3,055.20 Atty's Comm % Due Prothy $2.00 Arty Paid $181.90 Other Costs Plaintiff Paid Date: 8/27/10 David D. Buell, Proth otary (Seal) By: Deputy REQUESTING PARTY: Name: FRANCIS S. HALLINAN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No, toa(o45 On September 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, Known and numbered as, 428 South Hanover Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 __ By: Real Estate Coordinator 10 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 22, October 29, and November 5, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyn , Editor SWORN TO AND SUBSCRIBED before me this 5 da of November, 2010 C:LL Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2010-3849 Civil JP Morgan Chase Bank, NA VS. Michael Edward Neumann Wanda K. Neumann Atty.: Daniel G. Schmieg By virtue of a Writ of Execution NO. 10-3849-CIVIL TERM, JP MOR- GAN CHASE BANK, NA vs. WANDA K. NEUMANN, MICHAEL E. NEUMANN, owners of property situate in the BOROUGH OF CARLISLE, Cumber- land County, Pennsylvania, being 428 SOUTH HANOVER STREET, CARLISLE, PA 17013-3916. Parcel No. 04-22-0483-056. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $138,672- .23. 91 The Patriot-News Co. 202'0 Technology Pkwy Suite 300 Mechanicsburg, PA.17050' Inquiries - 717-255-8213 CUMBERLAND CO- SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE the Patr1*otA%,Xtws Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of' this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 2010-3849 chril Term JP Morgan Chase Bank, NA 10/15/10 Vs Michael Edward Neumann 10/22/10 Wanda K. Neumann Atty: Daniel G Schmleg By virtue of a Writ of Execution NO. 10/29/10 1 -3849-CIVIL TERM JP MORGAN CHASE BANK, NA VS. WANDA K NEUMANN MICHAEL E NEUMANN Sworn to.a4subscribed efore me ftlis t6 daylrf fjlOvember, 2010 A.D. i . ? . _. owner(s) of property situate in the BOROUGH OF CARLISLE, Cumberland ,, ? County, Pennsylvania, being (Municipality) Notary Public 428 SOUTH HANOVER STREET, CARLISLE, PA 17013-3916 Parcel No. 0422-0483-056 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING COMMONWEALTH OF PENNSYLVANIA JUDGMENT AMOUNT: $138,672.23 Notarial Seal _ -j Sherrie L. Klsner, Notary Public Lower Paxton Twp., Dauphin County ! I My Commission Expires Nov. 26, 2011 Amh°' °-7n lvanla Ascorlarinr, of Notaries r WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 10-3849 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP MORGAN CHASE BANK, NA, Plaintiff (s) From WANDA K. NEUMANN and MICHAEL E. NEUMANN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRII'TION . (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: $138,672.23 L.L.: Interest from 7/28/10 to Date of Sale ($22.80 per diem) -- $19,653.60 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $899.01 Other Costs: Plaintiff Paid: Date: 8!31/12 David D. Buell, Prothonotary /''~ (Seal) -SY~ ~~4 G ~ ~5D1,-r1i / Deputy REQUESTING PARTY: Name: ANDREW J. MARLEY, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 312314 ..-_ PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE P.R.C.P.3180-3183 JP MORGAN CHASE BANK, NA Plaintiff v. WANDA K. NEUIViANN MICHAEL E. NEUMANN Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 07/28/2010 to Date of Sale ($22.80 per diem) TOTAL Note: Please attach description of property. PHS # 206326 © a ~a~.sa o~ ~. ~D G9~. ~~ ga. oo ~~ oo a~.o~ ., 89'9. or - PO nm ~'d.a,5 L>c~e l.c COURT OF COM CIVIL DIVISION NO.:10-3849-CIV CUMBERLAND $13 8,672.23 $19,653.60 ~ __., ~~ N ~~ ~ ~' usr'- w --<~' - r-~ x c~ ~_~ ? c~ -~ w $158,325.83 elan Ha n & Schmi P Andrew J. Marley, Esq., 0.312314 Attorney for Plaintiff ,~ /aaaas~ ~ a~o~f't o G~~, ~ o~ 2 PLEAS °+ --s ~r~~ o ~' -~+c~ ~ -~ t~ -r; a --tom ~~~ w w y _~ ~-+~iM ~ _~ ~LY.t~ ~: . Q O ~~ ~ ~ O wz Zxa ~~ i c ~ ~~u,% ,.a~~ W QOM ~~~ pb ~~~ fr, ~ O y, d~ w~ a~ d o z a O pq Q ~ OU H ~~ ~~ wz ~ zw ~:~ ~ o~ U ~~ xa~ W ~ Q a A~ Q ~ ~ ~U ~~ ~ 3~ 0 ~C W~ w ~ Oo H w o w U i w a "' vim' .~ ~~'~ Q ~w x '-' ~, b Q __ ~ LEGAL DESCRIPTION ALL that certain lot of ground situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the curb line of South Hanover Street, at corner of lot now or formerly of Levi Hertzler, thence Westwardly through the center line of the partition wall of the house on the lot her by being conveyed and the house on the lot now or formerly of the said Mrs. Levi Hcrtzler, a distance of T o hundn~i Forty (240) feet, more or less, to the center line of School Alley; thence Northwardly by said ce ter line of said School Alley, a distance of twenty feet (20); thence Esswardly by lot of ground now or form rly of W. A. Wetzel, a distance of One Hundred Seventy-nine (179) feet Nine (9) inches to a point at the cen r of the Western entrance to an alley-way two (2) feet six (6) inches wide, which said alley-way is betwee the house on the lot hereby being conveyed and the house on the lot, now or formerly of the said W. A. We 1; thence Northwardly by said lot now or formerly of the said W. A. Wetzel, one (1) foot six (6) inches to a point in the center if the partition wall between the house hereby being conveyed and that now or former of the said W. A. Wetzel; thence F.astwardly by the center line of said partition wall, a distance of sixty (60) feet, three (3) inches, more or less, to a point on the curb line of said curb line distance of Twenty-one (21) f six (6) inches to corner of lot now or formerly of the said Mrs. Levi Hertzler, the place of BEGINNING. BEING improved with a three story-brick dwelling house. RESERVING, HOWEVER to the owner of the lot of ground on the North of the property herby being conveyed, his heirs and assigns, the right to the use ofthe aforesaid alley-way, two (2) feet six (6) inches wide as the same is now constructed and used in common with the Gn~ntors, herein, their heirs and assi , as necessary charges and expenses which shall from time to time accrue in paving, repairing and clean' the said alley-way to be shared equally by the owners of said adjoining properties, their heirs and assigns. TITLE TO SAID PREMISES VESTED 1N Michael E. Neumann and Wanda K. Neumann, h/w, E Deed from Betty A. Brown, single person, dated 12/31/2001, recorded 01/04/2002 in Book 249, Page 4523. PREMISES BEING: 428 SOUTH HANOVER STREET„ CARLISLE, PA 17013-3916 PARCEL NO.04-22-0483-056 PHELAN HALLINAN & SCHMIEG, LLP Andrew J. Marley, Esq., Id. No.312314 1617 JFK Boulevard, Suite 1400 F°~i..EC1-F~i(:~. One Penn Center Plaza ~'~ ~~~~ P~07F~~~#0~'A~t't Philadelphia, PA 19103 ~~ ~ ~ ~~~ 3 ~ ~(~ + ~ : ~ 3 215-563-7000 JP MORGAN CHASE BANK, NA Plaintiff v. WANDA K. NEUMANN MICHAEL E. NEUMANN Defendant(s) ~~JE~LAND CQNTY P~t~NS Yl.VA t~ A __ ~ Attorneys for Plaintif~ I COURT OF COM CIVIL DIVISION NO.:10-3849-CIV CUMBERLAND CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the abc matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn i authorities. BY ~ l //~~~/ / l/" ~ielan Hallinan & Schmie P Andrew J. Marley, Esq., I .312314 Attorney for Plaintiff PLEAS UNTY captioned 3 to rt JP MORGAN CHASE BAN Plaintiff ~ ^~~,~~~~~a~,,~(}~A v. A~111' 34 ~Ot2 ~-~~ 3 ~ CQU~j`( WANDA K. NE 1. F~~ ~~~ p, MICHAEL E. N~ Y!- Defendant(s) . COURT OF COM . CIVIL DIVISION NO.:10-3849-CIV PLEAS CUMBERLAND ~ PHS # 206326 AFFIDAVIT PURSUANT TO RULE 3129.1 JP MORGAN CHASE BANK, NA, Plaintiff in the above action, by the undersigned attorney, sets forth as of the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 428 SOUTH STREET„ CARLISLE, PA 17013-3916. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) WANDA K. NEUMANN 428 SOUTH HANOVER STREET, CARLISLE, PA 17013-3916 MICHAEL E. NEUMANN 428 SOUTH HANOVER STREET, CARLISLE, PA 17013-3916 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to ~ Name Address (if address cannot be reasonably ascertained, please indicate) JAMES C. COSTOPOULOS 10 COURTHOUSE AVENUE SUITE 103 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 a sale. Name Address (if address cannot be reasonably ascertained, please indicate) the e sold: by the None. r ` 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property f be affected by the sale: Name Address (if address cannot be TENANT/OCCUPANT DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE reasonably ascertained, please indicate) 428 SOUTH HANOVER STREET, CARLISLE, PA 17013-3916 l3 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 U.S. DEPARTMENT OF JUSTICE 228 WALNUT STREET, SUITE 220 U.S. ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG, PA 17108-1754 FEDERAL BUILDING may 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 tansworn falsification to authorities. Date: ~~ By: elan Hallinan Schmieg, LLP Andrew J. Marley, Esq., Id. No. 14 Attorney for Plaintiff JP MORGAN CHASE BANK, NA f- ~~~~-QFFiCF. COURT OF COMMON PLEAS r3;= TI~E~ 6'RflTNONOTA~~~ 20 { 2 AtSG 3 I AM l I~ 3 4 Plaintiff CIVIL DIVISION vs. Cl3MBERLAND COUNTY : NO.: 10-3849-CIVIL T RM WANDA K. NEUMANN p~~~SYLVANIA MICHAEL E. NEUMANN CUMBERLAND COU TY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: WANDA K. NEUIVIANN MICHAEL E. NEUMANN 428 SOUTH HANOVER STREET, CARLISLE, PA 17013-3916 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION BTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DLSCHARGE IN B UPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT NLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 428 SOUTH HANOVER STREET„ CARLISLE, PA 17013-391 scheduled to be sold at the Sheriffs Sale on 12/05/2012 at 10:00 AM in the Cumberland County Coi South Haaover Street, Carlisle, PA 17013 to enforce the court judgment of S138,672.23 olrtaned by MORGAN CHASE BANK, NA (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, co sand reasonable attorney's fees due. To find out how much you must pay, you may call: 215-Sb3-7000 g 230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the if the judgment was improperly entered. You may also ask the Court to postpone the sale for good c 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find 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 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 cal1215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the prop~Fty 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 th~ 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 schedul of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) ys after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection 'n his office. This schedule will state who will be receiving that money. The money will be paid out in ac rdance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with a 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 after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED ELO 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. 10-3849-CIVIL TERM JP MORGAN CHASE BANK, NA vs. WANDA K. NEUMANN MICHAEL E. NEUMANN owner(s) of property situate in the BOROUGH OF CARLISLE, Cumberland County, Pennsylvania, being (Municipality) 42$ SOUTH HANOVER STREET„ CARLISLE, PA 17013-3916 Parcel No. 4422-4483-056 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $138,672.23 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain lot of ground situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a paint on the curb line of South Hanover Street, at corner of lot naw or formerly of Mrs Levi Hertzler; thence Westwardly through the center line of the partition wall of the house on the lot here being conveyed and the house on the lot now or formerly of the said Mrs. Levi Hertzler, a distance of Twt hundred Forty (240) feet, more or less, to the center line of School Alley; thence Northv~+ardly by said cent line of said School Alley, a distance of twenty feet (20}; thence F.ashvardly by lot of ground now or fonnq' of W. A. Wetzel, a distance of One Hundred Seventy-nine (179) feet Nine (9) inches to a point at the cent of the Western entrance to an alley-way two (2) feet six (6) inches wide, which said alley-way is between ~, house on the lot hereby being conveyed and the house on the lot, now or formerly ofthe said W. A. Wetz~ thence Northwardly by said lot now or formerly of the said W. A. Wetzel, one (1) foot six (6) inches to a ', point in the center if the partition wall between the house hereby being conveyed and that now or former)' the said W. A. Wetzel; thence Wstwardly by the center line of said partition wa11, a distance of sixty (60) three (3) inches, more or less, to a point on the curb line of said curb line distance of Twenty-one (21) feet) (6) inches to corner of lot now or formerly of the said Mrs. Levi Hertzler, the place of BEGINNING. BEING improved with a three story-brick dwelling house. RESERVING, HOWEVER to the owner of the lot of ground on the North of the property herby being conveyed, his heirs and assigns, the right to the use of the aforesaid alley-way, two (2) feet six (6) inches wide as the same is now constructed and used in common with the Grantors, herein, their heirs and assign as necessary charges and expenses which shall from time to time accrue in paving, repairing and cleaning said alley-way to be shared equally by the owners of said adjoining properties, their heirs and assigns. TITLE TO SAID PREMISES VESTED IN Michael E. Neumann and Wanda K. Neumann, h/w, b Deed from Betty A. Brown, single person, dated 12/31/2001, recorded 01/04/2002 in Book 249, Page 4523. PREMISES BEING: 428 SOUTH HANOVER STREET„ CARLISLE, PA 17013-3916 of six PARCEL N0.04-22-0483-056 i ~a Phelan Hallinan & Schmieg, LLP Justin F. Kobeski, Esq., Id. No.20 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ~~ ,ii i r ~c fir,. .~~? ... 0392 _ ~ . $ i ~ r ~' ~„ .1),TTORNEY FOR PLAINTIFF i~~ y`P _ 1~~ rp + ~,:.r ~~;~ r,ia,4r, JP MORGAN CHASE BANK, NA Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County WANDA K. NEUMANN MICHAEL E. NEUMANN No.: 10-3849-CIVIL TERM Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on June 11, 2010. 2. Judgment was entered on July 28, 2010 in the amount of $138,672.23. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 5, 2012. 206326 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through December 5, 2012 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections AppraisaUBrokers Price Opinion Escrow Deficit Suspense/Misc. Credits $109,914.60 $34,741.45 $386.32 $1,675.00 $1,767.00 $691.11 $490.00 $1,831.50 $24,175.62 ($781.58) TOTAL $174,891.02 6. Plaintiff paid the following in taxes and insurance during the time the loan was in default: 1/17/2009 HOMEOWNER'S INSURANCE 1,824.00 2/19/2009 HOMEOWNER'S INSURANCE 1,824.00 7/31 /2009 DELINQUENT P&I TAX 61.02 7/31/2009 DELINQUENT BASE TAX 610.27 7/31/2009 DELINQUENT BASE TAX 2,391.26 8/7/2009 SCHOOL TAX 1,514.44 9/ 17/2009 PAYMENT (0.01) 9/ 17/2009 PAYMENT (0.01) 12/22/2009 DELINQUENT BASE TAX 2,262.75 1/8/2010 HOMEOWNER'S INSURANCE 1,824.00 4/13/2010 BOROUGH TAX 649.85 5/21/2010 PROPERTY TAX REFUND (2,262.75) 8/18/2010 SCHOOL TAX 1,567.28 9/22/2010 DELINQUENT P&I TAX 352.80 9/22/2010 DELINQUENT BASE TAX 568.86 9/22/2010 DELINQUENT BASE TAX 1,488.19 1/6/2011 HOMEOWNER'S INSURANCE 1,824.00 4/7/2011 BOROUGH TAX 857.16 8/11/2011 SCHOOL TAX 2,059.44 12/30/2011 HOMEOWNER'S INSURANCE 1,824.00 206326 4/6/2012 BOROUGH TAX 8/16/2012 SCHOOL TAX TOTAL 857.16 2.077.91 24,175.62 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on November 5, 2012 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: ~ ~' ~ ~~ Phelan Hallinan & Sc ieg, LLP By: J . Kobes ',Esquire TORNEY FOR PLAINTIFF 206326 Phelan Hallinan & Schmieg, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JP MORGAN CHASE BANK, NA Plaintiff v. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County WANDA K. NEUMANN MICHAEL E. NEUMANN No.: 10-3849-CIVIL TERM Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE WANDA K. NEUMANN 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 428 SOUTH HANOVER STREET„ CARLISLE, PA 17013-3916. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for 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 206326 outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsbur v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 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, 206326 Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 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). 206326 However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage cleazly 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. 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. 206326 VI. ATTORNEY'S FEES The Plaintiff s foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa: 78 (1865); First Federal Savings and Loan Association v. Street Road Shoppin Cg enter, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicom v. Morrisville Ham ton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff s legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 206326 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 Sheriffs sale date, as their interests will be divested by the Sheriffs sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 206326 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. 206326 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. DATE: Phelan Hallinan & Schmieg, LLP By: Justin bes ', Esq 're Attorne or Plaintiff 206326 Exhibit `~A" 206326 ~e~. Phelan Hallman & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Attorney for Plaintiff Francis S. Hallinan, Esq., Id. No. 62695 . _ _ .._. "_ _ amel~G~Scluriie -..E_.-...Id:"No: 62205°- , ~_ _ _._ _.._ ~. -.._ Michele M. Bradford, Esq., Id. No. 69849 _..... _ . _ . Judith T. Romano, Esq.; Id. No. 58745. _.. _.....~.~..... _ Sheetal R: Shah~Jani- E id. No: 81760 _ .. _ . s9 ~ - Jenine R. Davey, Esq., Id. No. 87077 Lauren R.~Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ... ...... ..... ~ Andrew L: Spivack, Esq:, Id: Na: 84439 ._ ....: _ _ . ._ ._. ~: ~ , ; , - =Jaime McGuinness, Esq., Id. No. 90134. ' ; . ; ~. ~: Chrisovalante P. Fliakos, Esq., Id. No. 94620 ~ '~ ` "' ~' Joshua I Gol ~ ~ ~~~~~~ , dman, Esq.; Id, No. 205047:....: .._ _. _ Courtenay R. Dunn, Esq:, Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 n 1617 JFK Boulevard; Suite 1400 r One Penn Center Plaza Philadelphia, PA 19103 <' "A-= 215-563-7000 `"~'` JP MORGAN CHASE BANK, NA vs. ~~!_ CUMBERLAND COUNTY `r- ~- ~. COURT OF COMMON PLEAS WANDA K. NEUMANN MICHAEL E. NEUMANN CIVIL DIVISION -~ ~- _^.1 c.~. <::_ ~, t;~ rt•-~ _~, ~~, q , .,..-- ' ~-~ ~:~ No. 10-3849-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 WANDA K. NEUMANN, and MICHAEL E. NEUMANN Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: ~,~f~3ato As set forth in Complaint , . .: $136,988.82 Interest - 05/18/2010 to 07/27tZ010 " "' :..:: >.._>,.~,~.~,.~:.:v~ <,.~:~...~., __...:..:.,~~,w>...,wY:,....~_,:.r..~s.~~>.;~ . ~.,::,...,,,~...~ . 1683:41..... _.. .. .. .,.,u.. ~.. _ _._...__.._. _. TOTAL .... ..... . _ __ . __ _...__ _.. _ _ $138,b72.23 I hereby certify that (1) the Defendant's last laiown address is 428 SOUTH HANOVER STREET„ CARLISLE, PA 17013-3916, and {2) that notice has been given in accordance with Rule 237.1, copy attached. ,.,, n _ ._._. . _ ._,_. ~...._ _.. .. t.~ ..... , _. ...,,.. r <..,...~. ,~ _ ... ..........r.. .. , ~...~. nce T. Phelan, Esquire .... .. .. . _. _ rands S. Hallinan, Esquire ~,,~ ~j ~` j Daniel G. Schmieg, Esquire j _ ,. _ .. ::.. <~ - Michele.M>. Bradford, Esquire t 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. Fliakas, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew G. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATE ;. DATE: _7Cc~ PHS p 206326 PROTHONOTARY . Exhibit "B" 206326 PHELAN HALLINAN & S~HMIEG, I~LP 1617 John F. Kennedy Boulevard Suite 1.400 Philadelphia, PA 19103 (215} 563-7000 FA}~#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey November 5, 2012 WANDA K. NEUMANN MICHAEL E. NEUMANN 428 SOUTH HANOVER,STREET, CARLISLE, PA 17013-3916 RE: JP MORGAN CHASE BANK, NA v. WANDA K. NEUMANN and MICHAEL E. NEj1M:ANN Premises Address: 428 SOUTI-I HANOVER STREET, CARLISLE, PA 17013 CUMBERLAND County CCP, No. 10-3849-CIVIL TERM Dear I:.)efendants, 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 11112/2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. V~;rv truly yo rs, J . ~. Ko eski, Esq., Id. No.200392 Act. ni:y for Plaintiff Enclosure 206326 ea~e~ ~~~ Nti TQ ~:~ ~'~~ U ~ ~ ~. <~ ~~:.., cv Phelan Hallinan & Schmieg, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JP MORGAN CHASE BANK, NA Plaintiff v. WANDA K. NEUMANN MICHAEL E. NEUMANN Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-3849-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. WANDA K. NEUMANN MICHAEL E. NEUMANN MICHAEL E. NEUMANN SCI ALBION INMATE # KF9505 428 SOUTH HANOVER STREET, 10745 Route 18 CARLISLE, PA 17013-3916 Albion, PA 16475 DATE: Phelan Hallinan & Schmieg, LLP By: Jus obes ', Esquire A ORNEY FOR PLAINTIFF 206326 JP MORGAN CHASE BANK, NA, Plaintiff v. WANDA K. NEUMANN and MICHAEL E. NEUMANN, Defendants D~ ~~, IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2010-03849 CIVIL TERM MORTGAGE FORECLOSURE IN RE: PLAINTIFF'S MOTION TO REASSESS DAMAGES ORDER OF COURT AND NOW, this 21St day of November 2012, upon consideration of Plaintiff's Motion to Reassess Damages, a Rule is issued upon Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days from the date of this order. .B.~~-HE- C~3URT, _._ _ ~ __ ~___.__. Thoma A. Placey C.P.J. Distribution List: /Justin F. Kobeski, Esq. 1617 JFK Boulevard, Suite1400 _: Philadelphia, PA 19103 ` ' ~-? - ; ~- ,_., .~ ~ ~ _ /Wanda K. Neumann Michael E. Neumann ' -~ ~ ~ ti i -~- 428 South Hanover Street ~~''W ~'~ , ®, Carlisle, PA 17013-3916 ~=~:~ ~ --+~-_'~ /Michael E. Neumann ~~_ ~ ~::; ~ ~' ~ ~" ~~ SCI Albion Inmate # KF9505 ` ~ ~`' ~: ' _j 10745 Route 18- a'- ~}' Albion, PA 16475 ~`` ``~ - ~p~cs krcz~eu~ ~/~~~~.Z :~;~:_. _ ~~~ r PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Allison F. Wells, Esq., Id. No.309519 ' ~ ~~' # 0 3 t ; ~"~ u G G J ~~ i ~ ` 1617 JFK Boulevard, Suite 1400 F' t_ ~ ~ ~'~ ~ ~~ C'-'~ ~~ ~ ~, One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JP MORGAN CHASE BANK, NA Plaintiff, v. WANDA K. NEUMANN MICHAEL E. NEUMANN Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 10-3849-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(x) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Ex ' " Allison F. a s, ' e Attorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff s Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 206326 ~. _`~_ Phelan Hallinan, LLP , . ~, Allison F. Wells, Esq., Id. No.309519 ~~ ~ ~ `~" ~' ~ '~ ~ ; ~~e~~TORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 ~ ~ ~ , ;~ One Penn Center Plaza ~ r ~~~~ ,~, ,~;,,, 6,,1 „ Philadelphia, PA 19103 215-563-7000 JP MORGAN CHASE BANK, NA Plaintiff vs. WANDA K. NEUMANN Court of Common Pleas Civil Division CUMBERLAND County MICHAEL E. NEUMANN No.: 10-3849-CIVIL TERM Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's November 21, 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. WANDA K. NEUMANN MICHAEL E. NEUMANN 428 SOUTH HANOVER STREET, CARLISLE, PA 17013-3916 DATE: MICHAEL E. NEUMANN SCI ALBION INMATE # KF9505 10745 Route 18 Albion, PA 16475 Phelan Hallinan, LL By: q., Id. No.309519 Attorney for Plaintiff 206326 JP Morgan Chase Bank, NA Plaintiff V S. Wanda K. Neumann Michael E. Neumann Defendants COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-3849-CIVIL TERM '3 C n~ ~ -~ ~ +v CUMBERLAND COUNTY ~: °'. ~~ r -<~ } r- ~= w .~-- c~ ~~ , . -~; ~: :.~ Defendant's Motion to Strike/Oven Judgement -1 ~ ~; r~__: r-- :~ r.-' ~c --r ~-~ ~- ~~ r ~; Defendants, Wanda K Neumann and Michael E. Neumann moves the Court to direct the Prothonotary to Strike/Open the Judgement in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on June 11, 2010. 2. Judgement was entered on July 28, 2010. 3. The Plaintiff's claims of "failure to pay" is in error. 4. The Plaintiff's claim that athe "mortgage" against the property at 428 Sout Hanover Street, Carlisle, PA, parcel # 04-22-0483-056 is in error. 5. The Plaintiff erred in their assertion that the "whole" property was to be used in "collateral" for the aforementioned "mortgage". 6. The Plaintiff erred in naming Michael E. Neumann as a "Defendant" to which named Defendant gave no assurance for the repayment of "mortgage" due. 7. The only "guarantee" of the "mortgage" is Wanda K. Neumann as sole signer of any repayment agreements and so only had control of fifty percent of the above said property. 8. Michael E. Neumann being the other fifty percent owner by deed has never agreed to any actions against Wanda K. Neumann for the sale of property "in rem". ~j. i he actions of the Plaintiff being of "Bad Faith" and in attempting to seize the above ;.arced property without Legal right would have harmed Michael E. Neumann's interest and legal holding of above property. 10. By statute 23 Pa.C.S. § 3501(a) - alI property acquired by either party during the marriage is "marital property" implying an equal ownership of asset. 11. Michael E. Neumann asserts that in a "Foreclosure Sale" at the aforementioned property is to take place, that being the "First" fifty percent owner, that any sale of property for satisfying Wanda K. Neumann's debt "in rem", that the equal divisions of all received monies from said sale be separated as first fifty percent to be paid to Michael E. Neumann. Second fifty percent to be paid to Plaintiff and that all debt against Wanda K. Neumann be satisfied by sale. 12. Michael E. Neumann has no financial agreement with Plaintiff for any repayments or obligations of any incurred debts. Conclusion Therefore the wrongly cited Defendant, Michael E. Neumann, respectfully requests that this Honorable Court grant this Motion to Strike/Open Judgement for the reasons listed. Date ~/~ Michael E. Neumann Defendant JP Morgan Chase Bank, NA Plaintiff VS. Wanda K. Neumann Michael E. Neumann Defendants COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-3$49-CNIL TERM CUMBERLAND COUNTY CertiBextio~ of Servicc I hereby certify that true and correct copies of Defendant's Motion to Strike/Open JudgEmgnt were sent to the following individuals on the date indicated below. Phelan Hallinan, LLP Justin F. Kobeski,l/SQ. ID No. 200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Date ~ ~~ B Y - Michael E. Neumann Defendant t Phelan Hallinan, LLP 61 11 El ; t O HO Melissa J. Cantwell, Esq., Id. No.308912 2012 AM%T? EY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 EC 20 AN 1: 4 7 One Penn Center Plaza'UMBERLNfl COUNTY Philadelphia, PA 19103 E'ENNSYLVANIA 215-563-7000 JP MORGAN CHASE BANK, NA Court of Common Pleas Plaintiff vs. Civil Division CUMBERLAND County WANDA K. NEUMANN MICHAEL E. NEUMANN No.: 10-3849-CIVIL TERM Defendants PRAECIPE TO WITHDRAW MOTION TO REASSESS DAMAGES TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion to Reassess Damages, filed on November 15, 2012 in the above referenced action. la allinan, DATE: DEC 19 2012 By: he Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff 206326 Phelan Hallinan, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JP MORGAN CHASE BANK, NA Plaintiff Civil Division vs. WANDA K. NEUMANN ATTORNEY FOR PLAINTIFF Court of Common Pleas CUMBERLAND County MICHAEL E. NEUMANN No.: 10-3849-CIVIL TERM Defendants CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to Withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. WANDA K. NEUMANN MICHAEL E. NEUMANN 428 SOUTH HANOVER STREET, CARLISLE, PA 17013-3916 DATE: MICHAEL E. NEUMANN SCI ALBION INMATE # KF9505 10745 Route 18 Albion, PA 16475 Phelan allinan DEC 19 2011 By: Melissa J. Cantwe , ., Id. No.308912 Attorney for Plaintiff 206326 CZ M= rn -4 70 CD )> C) <,n -0 CZ > PHELAN HALLINAN, LLP BY: JOSEPH P. SCHALK, ESQUIRE ATTORNEY FOR PLAINTIFF Identification No.: 91656 126 Locust Street Harrisburg, PA 17101 Telephone: (215) 563-7000, Ext. JP MORGAN CHASE BANK,N.A., : COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY,PENNA. V. Civil Division WANDA K.NEUMANN AND No. 2010-3849-CIVIL TERM MICHAEL E. NEUMANN, DEFENDANTS PLAINTIFF'S MOTION FOR ARGUMENT ON THE PLEADINGS AND NOW COMES the Plaintiff,JPMorgan Chase Bank,N.A.,by and through its attorneys,Phelan Hallinan, LLP, and hereby files this Motion for Argument on the Pleadings and in support thereof avers as follows: 1. On June 11, 2010, Plaintiff filed a Complaint in Mortgage Foreclosure against the Defendants, Wanda K.Neumann and Michel E.Neumann, for their failure to timely tender monthly payments of principal and interest due for the month January 01,2009, and each month thereafter under the terms of the Mortgage executed,by the Defendants on September 26, 2007. The Complaint is filed of record and is incorporated herein by reference. 2. No response to Plaintiff's Complaint in Mortgage Foreclosure was ever received by Plaintiff and/or filed with the Court. PHS#206326 3. On July 28, 2010, an in rem Judgment was entered in favor of Plaintiff and against Defendants in the amount of$138,672.23 for Defendants' failure to timely file a response to the Foreclosure Complaint. The Judgment is filed of record and is incorporated herein by reference. 4. On August 27, 2010,Plaintiff filed with the Court a Praecipe for Writ of Execution. The Writ is filed of record and is incorporated herein by reference. 5. The property was then scheduled for Sheriff's Sale on December 05, 2012. 6. On December 03, 2012, Defendants' filed a Motion to Strike/Open Judgment. Defendant's Motion to Strike/Open Judgment is attached hereto, made party hereof and marked as Exhibit"A." 7. On December 13, 2012, Plaintiff filed a Response to Defendants' Motion to Strike/Open Judgment. Plaintiff's Response to Defendants' Motion to Strike/Open Judgment is attached hereto, made part hereof and marked'as Exhibit`B." 8. The matter is now ripe for argument and argument is now necessary to move the case forward,therefore, Plaintiff hereby requests this Court to schedule an Argument on the Pleadings for disposition on same. WHEREFORE, Plaintiff respectfully requests this Court enter and Order scheduling the matter for Argument for the next available Argument Court Date. Respectfully submitted, PHELAN HALLINAN, LLP t`7 By: Jos ph Schalk, Esquire Att rney for Plaintiff PHS#206326 Exhibit "A" V Wanda K.Neumann Michael E.Neumann � � 428 South Hanover Street Carlisle,PA 17013-3916 12 December 3,2012 Phelan Hallinan,LLP Justin F.Kobeski,ESQ I'D No. 200392 1617 JFK.Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 RE, JP MORGAN CHASE BANK,NA V. WANDA K.NEUMANN and MICHAEL E.NEUMANN Premises Address: 428 SOUTH HANOVER STREET, CARLISLE,PA 17013- 3916 CUMBERLAND County CCP,No. 10-3849-CIVIL TERM Dear Mr. Kobeski: Enclosed please find a Defendant's Motion to Strike/Open Judgement entered December 3, 2012 with the Court of Common Pleas, Civil Division,Cumberland County PA. Regards, Wanda K.Neumann Michael E.Neumann e *5 � f JP Morgan Chase Sank,NA COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. 1++10.: :1.0-3849-CIVIL TERM Wanda K.Neumann CUMBERLAND COUNTY, Michael E.Neumann f= , Defendants :' . c:) Defendant's Lotion to Strike/Open Judgement _r Defendants,Wanda K-Neumann ant Michael E.Neumann moves the Court to direct the Prothonotary to Strike/Open the Judgement in this matter, and in support thereof avers the following: I. Plaintiff commenced this foreclosure action by filing a Complaint on June 11,2010. 2. Judgement was entered on July 28,2010. 3. The Plaintiffs claims of"failure to pay"is in error. 4. The Plaintiff's claim that athe"mortgage"against the property at 428 Sout Hanover Street, Carlisle, PA,parcel#04-22-0483-056 is in error. 5. The Plaintiff erred in their assertion that the"whole"property was to be used in "collateral"for the aforementioned"Mortgage". 6. The Plaintiff erred in naming Michael E.Neumann as a"Defendant"to which named Defendant gave no assurance for the repayment of"mortgage"due. 7. The only"guarantee"of the"mortgage"is Wanda K.Neumann as sole signer of any repayment agreements and so only had control of fifty percent of the above said property. 8. Michael E.Neumann being the other fifty percent owner by deed has never agreed to any actions against Wanda K.Neumann for the sale of property"in rem". t . The actions of the Plaintiff being of"Bad Faith"and in attempting to seize the above named property without legal right would have harmed Michael E.Neumann's interest and legal holding of above property. 10.By statute 23 Pa.C.S. § 3501(a)—all property acquired by either party during the marriage is"marital property"implying an equal ownership of asset. 11. Michael E.Neumann asserts that in a"Foreclosure Sale"at the aforementioned property is to take place,that being the"First"fifty percent owner,that any sale of property for satisfying Wanda K.NNeumann's debt"in rem",that the equal divisions of all received monies from said sale be separated as first fifty percent to be paid to Michael E. Neumann. Second fifty percent to be paid to Plaintiff and that all debt against Wanda K. Neumann be satisfied by sale. 12. Michael E.Neumann has no financial agreement with Plaintiff`for any repayment-,or obligations of any incurred debts. Conclusion Therefore the wrongly cited Defendant, Michael F.Neumann,respectfully requests that this Honorable Court grant this Motion to Strike/Open Judgement for the reasons listed. Date Michael.E.Neumann. Defendant JP Morgan Chase Bank,NA COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. NO.: 10-3849-CIVIL TERM Wanda K.Neumann CUMBERLAND COUNTY Michael E.Neumann Defendants Certification of Service I hereby certify that true and correct copies of Defendant's Motion to Strike/Open Judgement were sent to the following individuals on the date indicated below. Phelan.Hallinan, LLP Justin F.K.obeski,ESQ. ID No. 200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 Date By Michael E.Neumann Defendant r JP Morgan Chase Bank,NA COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO.: 10-3849-CIVIL.TERM Wanda K.Neumann CUMBERLAND COUNTY Michael E.Neumann Defendants OMER AND NOW,this day of_ r 2012 the Prothonotary is ORDERED to Strike the judgement of Foreclosure and ORDER the Sheriff to cancel sale dated December 5,2412. By the Court Exhibit "B" r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PA JP MORGAN CHASE BANK,N.A. COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PENNA. V. Civil Division WANDA K.NEUMANN AND MICHAEL E.NEUMANN Defendants No.2010-3849 Civil Term ORDER AND NOW this day of , 20 ,upon consideration of Defendants' Motion to Strike and/or Open Default Judgment,and Plaintiff's Response thereto, it is hereby: ORDERED AND DECREED that Defendants ' Motion to Strike and/or Open Default Judgment is DENIED and DISMISSED with prejudice. BY THE COURT: J. PHS#206326 s R " 2 DEC !3 AN/1: 32t L UMgPiL A ND C PEWIsYLVAH LINTY .. to �:.. _. PHELAN HALLINAN,LLP BY: JOSEPH P. SCHALK.ESQUIRE ATTORNEY FOR PLAINTIFF Identification No.: 91656 126 Locust Street Harrisburg, PA 17101 Telephone'215) 503-7000, I xt. 7365 JP MORGAN CHASE BANK,N.A. COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. V. Civil Division WANDA K.NEUMANN AND , MICHAEL E.NEUMANN Defendants No.2010-3849 Civil Term PLAINTIFF'S RESP SE�ca ",Ti! WITS'MOTION TO STRIKE AND/OR OPEN DE AU.L'I`Wi RR + T X%13 CONTINUE SHERIFF'S SALE AND NOW COMES the Plaintiff, JP Morgan Chase Bank, N.A.,by and through its attorneys,Phelan Hallinan, LLP, and files-this Response to Defendants 'Motion to Strike and/or Open Default Judgment, and in support thereof, avers as follows: 1. Admitted. By way of further answer, Plaintiff's Complaint in Mortgage Foreclosure speaks for itself.. 2. Admitted. By way of further answer, service of the Complaint was made upon the Defendants on June 14,2010, as evidenced by the Sheriffs Return of SdIvi ,, lich is attached hereto, incorporated herein, and marked as Exhibit"A." Furthermore, Plain PZQAI� Defendants the required Ten Day Notice of Intent to Enter Default Judgment on July 8,2010, copies of which are attached hereto,incorporated herein and narked as Exhibit"B." 61 PHS#206326 r Furthermore,the scheduled Sheriff Sale was completed on December 5, 2012, and the property was sold back to Plaintiff,thus Defendants' Motion should be deemed moot. 3. Denied as stated. Plaintiff's Complaint in Mortgage Foreclosure alleged a default under the terms of the Mortgage. A redacted copy of the Mortgage, executed by Wanda K. Neumann and Michael E.Neumann,is attached hereto, incorporated herein, and marked as Exhibit"C." 4. Denied. The averment contained in paragraph four(4)is denied as a conclusion of law to which no response is necessary. To the extent that a response is required,both Defendants executed the Mortgage against the property located at 428 South.Hanover Street, Carlisle,Pennsylvania, as evidenced by Exhibit"C." 5. Denied. The averment contained in paragraph five(5)is denied as a conclusion of law to which no response is necessary. Strict proof to the contrary is demanded. 6. Denied. The averment contained in paragraph six(6)is denied as conclusion of law to which no response is necessary. To the extent that a response is required, Plaintiff properly named Defendant,Michael E.Neumann, as a Defendant in the above-referenced action pursuant to Pa.R.C.P. 1144. 7. Denied. The averment contained in paragraph seven(7)is denied as a conclusion of law to which no response is necessary. To the extent that a response is required,Plaintiff has r not filed suit against the Defendants on the Note,.but rather Plaintiff filed an Action in Mortgage Foreclosure. Both Defendants signed the Mortgage,thus authorizing the creation of a lien against the property. Plaintiff has pursued an in rem judgment against the property,which has been entered and executed upon. The scheduled Sheriff Sale was held and completed on December 5,2012. PHS#206326 8. Denied. The averment contained in paragraph eight(8)is denied as a conclusion of law to which no response is necessary. To the extent that a response is required,Defendant, Michael Neumann, executed the Mortgage at issue and therefore the action filed by Plaintiff complies with P&R.C.P. 1141, et seq. Strict Proof to the contrary is demanded. 9. Denied. The averment contained in paragraph nine(9) is denied as a conclusion of law to which no response is necessary. Plaintiff incorporates the above-responses as if set forth at length herein. 10. Denied. The averment contained in paragraph ten(10)is denied as a conclusion of law to which no response is necessary. To the extent that a response is required,both Defendants signed the Mortgage,thus authorizing the creation of a lien against the property. Plaintiff properly named Defendant, Michael Neumann, as a Defendant in the Action in Mortgage Foreclosure. Strict proof to the contrary is demanded. 11. , Denied. The averment contained in paragraph eleven(11)is denied as a conclusion of law to which no response is necessary. To the extent that a response is required, the scheduled Sheriff Sale was completed on December 5, 2012,and the property was sold back to Plaintiff. Accordingly,there are no funds to be separated and paid to the Defendants. Strict proof to the contrary is demanded. 12. Denied as stated. Plaintiff properly named the Defendant,Michael Neumann, in the underlying Foreclosure Action pursuant to Pa R.C.P. 1144 as a mortgagor and real owner of the mortgaged premises. Plaintiff has not filed an inversonam action against either Defendant, nor made any demand for money from the Defendants. PHS#206326 E WHEREFORE,Plaintiff respectfully requests that this Honorable Court deny and dismiss the Defendants'Motion to Strike and/or Open Default Judgment with prejudice. Respectfully submitted: PHELAN I1. '. LINAXN,LLP Date: . . Z os 'j1 Schalk,Esquire A for Plaintiff—ID No. 91656 Locust Street Harrisburg,PA 17101 Phone(215)563-7000 x 7365 Fax(717) 234-1549 josepb.schalk@phelanhallinan.com PHS#206326 R 1' Exhibit A SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson OF THE ff ;l�t`�TA FF,t1'r f :'? �ty Sheri �Q�t�,io ei�tsutbirOa� Jody s smith 1QIQ Jll,tj, 17 PM 2: 4,1 Chief Deputy Richard W Stewart " CUMIB�;;�.,:;,� UDLINTY JP Morgan Chase Bank,NA Case Number VS. 2010-3849 Michael Edward Neumann(et al) SHERIFF'S RETURN OF SERVICE 06/1412010 139:28 PM-Noah Cline,Deputy Sheriff,-w!ho brng duty'swom according to IoW;states that bn Jiine 14; 2010 at 2128 hours,he served a true copy of the Within Complaint in Mortgage Foreclosure, upon the vrithln oamed'defendarit,io wit.Michael Edward Neumann,by making known.unto himself personally,at 428 S.Hanover Street,Carlisle,Cumberland County,Penrrsyivanla:17013 its contents and at tha"same time handing to him,peFsonally--the said trite and.:correct copy of the:game. lJOAH CLINE,DEPUTY 06114/2010 09:26 PM-Noah Cline,Deputy Sheriff,who being duly swom according to law,states that on June 14, 2010 at 2126 hours,he served a true copy of the within Complaint in Mortgage Foreclosure,upon the within named defendant,to wit:Wanda K.Neumann,by making known unto Michael Edward Neumann, Husband of defendant at 428 S. Hanover Street,Carlisle,Cumberland County,Pennsylvania 17013 its contents and at the same time handing to him personalty the said true and correct copy of the same.. NOAH CLINE,DEPUTY SHERIFF COST:$49.40 SO ANSWERS, June 16,2010 .,RONNY R ANDERSON, SHERIFF to countysuaesnedit raiowm,+no. Exhibit B JP MORGAN CHASE BANK,NA COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff V. NO. 10-3849-CIVIL TERM WANDA K.NEUMANN CUMBERLAND COUNTY MICHAEL E.NEUMANN ,Defendant(s) TO: WANDA K.NEUMANN 428 SOUTH HA'NOVER.STREET, CARLISLE,PA 1701.3-3916 DATE OF NOTICE:July 8,2010 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 AID' ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. MWORTANT NOTICE YOU ARE. IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WI TEN APPERANCE, PERSONALLY OR BY ,ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR I)EFENSES:OR OB:YE-C-TIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM TI-M DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU, WITHOUT A, IIEARINC 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 TELETpHONE ITIE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HERRING A.LAW7'ER. . IF YOU CANNOT AFFORD TO HIRE ;A LAWYER, THIS OFFICE MAY BE ABLE TO PROVII)1�.YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES 10�ELIG1)3LE PERSONS AT A ktbuCED:FEE OR NO'F,131.. PHS#206326 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: I avil 'ce.T. 'Id o.32227 I'ra f A S.Hallinan,Esq'.,Id N 62695 Dahl I :Schmieg,Esq.,Id.No.62205 lvl�ch M Bradford,E'- Id No.--69,84.9; . Judtl►'1' 12omano!Esq.,:Iii No,5:8745 Slieetal R<;Shah-Jitnt,.Es ;,Id No< 81.7 Jenne R:Dave}r;:F.sq,Id No $7077 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#206326 JP MORGAN CHASE BANK,NA COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff V. NO. 10-3849-CIVIL TERM WANDA K.NEUMANN CUMBERLAND COUNTY MICHAEL E.NELTMANN Defendant(s) TO: MICHAEL E.NEUMANN 428 SOUTH HANOVER STREET, CARLISLE, PA 17013-3916 DATE OF NOTICE:July 8,2010 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. E"ORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS#206326 , 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 a rence P elan,Esq,I' No.32227 ra' .c s,&Hallinan,Esq.,Id.? rd:62695 e1:G.Schmieg,Esq.,Id.No.62205 M -Wc M.Bradford,Esq.,Id.No.69849 Judith'T-:TZo nano,Esq,,Id.Plo 5,87 5 SheeW R 'Shah larii,Esq,Id No 8:1;7 Jenine R bavey,j sq,Id No 87077 Lauren R.Tabas,Esq.,Id.No.93337 V ivek 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' ( i f Jf1 s it r' 9. PHS#206326 Exhibit C x^ Prepared By: Lagasse, Julie 1800) 888-6625 Return To: Chase USA c/o CHF, LLC Attn: Trailing Documents 700 Kansas Lane Mail Cade: LA4-4106 Monroe, LA 71203 1-800-549-7912 Parcel Number: 04220483056 Premises: 428 S Hanover St Carlisle, PA 17013-0000 1nb Line MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain piles regarding the usage of words used in this document are also provided in Section 16. (A)"Security Instrument"means this document,which is dated October 26, 2007 together with all Riders to this document. (U)'Sorrower"is Wanda K Neumann and Michael E Neumann, her husband Borrower is the mortgagor under this Security Instrument. (C)"Lender"is Chase Hank USA, N.A. PENNSYLVANIA -Single Family-Fannla maelFr STRUrr1ENT Form 3038 1101 dft•8(PA)(asoo) Pigs saot 18 Inatala 4r-�- vmpmongage6autmns,Inc,(000)02r-1261 ; 0511412009 8:39:09 AM CUMBERLAND COUNTY Inst.4 200741398-Page 1 of 18 Lender is a National Association organized and existing under the laws of United States Lender's address is 204 White Clay Canter Drive Newark, DE 19712 Lender is the mortgagee under this Security Instrument. (D)IT4ote l means the promissory note signets by Borrower and dated October 26, 2007 The Note states that Borrower owes[ender One Ku ndred Eleven Thousand and 00/100the Dollars (U.S. $111,000.00 }plus interest. Borrower has promised to pay this debt in regular Periodic Payments and,to pay the debt in dill not later than November 01, 2037 (E) "Property"means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan"means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (C) "Riders"means all Riders to this Security instrument that are executed by Borrower. The following Riders are to be executed by Borrower[check box as applicable]: Adjustable Rate Rider El Condominium Rider ._.3 Second Home Rider Balloon Rider Planned Unit Development Rider 1.4 Family Rider VA Rider HBiweekly Payment Rider _ Other(s)[specify] (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders(that have the effect of law)as well as all applicable final, non-appealable judicial opinions. (I)"Cemmettlty Association Dues, Fees, and Assessments"means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers; automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K)"Escrow Items"means those items that an,described in Section 3. (L) "Miscellaneous Proceeds"means any compensation, settlement, award of damages, or proceeds paid by any third party(other than insurance proceeds paid under the coverages described in Section S)for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii)conveyance in lieu of condemnation; or(iv) misrepresentations of or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance"means insurance protecting Lender against the nonpayment of, or default on. the Loan. B(PA)iaaosi Papal or 16 Form 3039 1101 0511412049 8:39:09 AM CUMBERLAND COUNTY Inst.#200741388-Page 2 of 16 .(N)'°Teriodic.Paymept"means the:rcgularly scheduled amount due for(i)principal and interest under the .Nate,plus(ii)any amounts udder Seddon 3 of.ifiis:Security,tnstn�ment• (p) "RISPA.'.' means the Real I'state:.Settidinerit Procedures.Act,(12 U S.0 Section 2bi)l .et se q)aiiii,its implementing regulation, Regulation X;(24:C FA. Nrt'3500). as they refight be amended from tine to time,.or any additional or successor lgislat!0n of regulation that governs the.Same sub)c t mattew, s used to tit15 Security Inst+vtnnt,"RI-SP.A retets tp`alt requirements and restrictions that are imposed in.ft regard to:a".federally related +ni)rtgage loan"even if the,l-oan dons not qualify s►s a federally related,:Inoitgage. loan"under RESPA. whether or (P) 'Successor in Interest of Borrower"means any party that has taken title to the Property, not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender.W the repayment of the Loan, and all renewals,emems under the modifications cif ttie;NOte; and (ii).the petlormaneo of Borrower's covenants and ag grant and conve to Security Instrument and the Note. For this purpose, Borrower does hereby mortgage,ogrant and Ju eve o 0 Lender the follovvinf described Property located in the COUNTY [Name or Recording 7udsdicuonl- of Cumberland SEE ATTACHED SCHEDULE A which currently has the address of Is,ree+l 428 9 Hanover St 1Cicyl, Pennsylvania 17013-0000 1Zip Code/ Carlisle ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the pp er and and casements, appurtenances, and fixtures now or hereafter a part of the property. replacements additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security instrument as the"Property" � Inriiels 1�jL ge 9 01 16 Form 3 019 1(01 4 Pa g. (0508) 05/14/2009 8:39:09 AM CUMBERLAND COUNTY Inst.#200741398-Page 3 of 18 `9PPk3'.O'1'V'Lit COYENANTS-that'-[iarrower It.latvfi lty:scised of the estate hereby conveyed and has the right to ti o tgage, grant slid convey the Property and;H6 the Property Is unencumbered, except for encutiibriuices�o,frecord.i3orratver:yvtirr$nts:Ahd'.witl de fetiii".generally the title to the Property against all claims and lltmils,subject to airy"s nCufnktrnnces©'f record. THIS'SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. f'ayiht#t of.Pe1 IPal, interest,:Escirow Wmsl Prepayment Charges, and Late Charges- l�irrrpwer;s}lath°pay:trttcn due'°the principal lor.Md tntel`est on, the debt evidenced by the Note and any prepayment charges and late oltai cs glue und&the Note, Borrower shall also pay funds for Escrow items puisuant to;$eiilion.:a. 6yrt'ti*rits•due.under the'Noie arn!'tl is Security tnstrorncn(sttsl: be made"-in'U.S,. currency H.tywi ver,<"if any,check or other insttutricnt reca}rred by i ender 0i.payment under rite i cie or--this Secu'fllq?instrument is'rettirited to Lenderwtpiid lAnder tna 'f uire that.any=or alt`sulssequorit paytnernts due ;iindor"ihe`T�otc:ixtiti t2tts;.SeGUrity.irtattutrtent be made.in one tit' rn6ie:of the.fGl[owint; foY�tis; as selected by ;Under:`(a) cash, (b).mont y order, (c):eertified :c}leek .bank check,:tr<a�trrer's check'or, tashiees.oheck;-prov}dcd tiny, stick:cheap�#s d aIwrt;upon an institution whose deposits are insured by a .federal agency;Instrumentality,•or entity;ar(d)Electronic Funds Transfer. Paymtmts.are:deerrted received by Lender ,when received at the location designated in the Note or at such titfief location 'may.be designuted:byi 4$der iti:acoordance with the notice provisions in Section 15. Lcrii)or mau;return any puytnsetit or partial payntErrt tf the payment or partial payiticitts pre irisuffrc)ent t-0 bring the Loan"crwrent.,Lender may accept any.payment or partiitt payment instsfiicienr,"t+a;•bring fife laoen cuircitf, wttiiaitt wavt=z of:Any rights"hereundt r.or firfijudice to its eights to retest 'such payment or p"at:it- jia}ntients ill the future,.'but Lendor is riot.obhgiilvii to ttpp}y sui:}t":,PIymcrsts ttt the time.siich payments tire: occcpted If each Peritidit> Piiytiteist is applied :of`irs..sCiteduied duedat lteri i�tiadtr treed.,r tit•pay,.: IMerest tin t tiappEted ftiridc„fender n�ay'.hold such.urrapplied funds until Borrower makes payment to bring the i ian­,current ",If Borrower does not d( so W01tLin:reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier,such funds will be applied to the outstanding principal balance under °elite-Note immediately prior to foreclosure. No offset or claim which Borrower might have now of in tiic.t'titurc ngainst.Undcr shall relieve Borrower from making p.tyments due under the Note and this-Security nsfrumerit or p+erf`orming the covenants and agreements secured by this Security Instrument, 2. Application or Payments or 'Orocceds:.ltxcept 't€s_bloc,'rsse dearibed,iti fhis Section 1, 'all payments accepted and applied by Lender sts611:lie appl`i'ed yn 4}ie{oliorvrig;order of prim>Yiy» (a):interest due under the Note; (b) principal due isttdt r.the'`Ntitc, (c)amounts"".Aue under St Wtton 3,:Stich.plliyiYmeflts shall be applied to each periodic Paymcnt in the order rn which it tleGnme,tiUex ]1 t}r ttriaitiiti'g atrsounts;; shall be applied first to late charges, second to any' ir.a noonfis;;dij&,under.this Security}nstruirient, Mimi' then to reduce the principal balance of the Note. It I_cdddl res gives a payrodnt from Borrower fora delinquent Peri6dic:Payment which includes a su"fficient dntiotGtt trs pity;any late charge due, #tic:payrm4:n dray i?i npplit d;to,'the delinquent payment and the late charge..}fInore than one.Periodic Payment ts.tiutstending, Lender may apply any payment received ;from Borrower is ttie_rtliaynient of the petiorlic#!aymtxits,if tuiii to thc.'e merit that, each payment can be Initub: r{,.. aft•8(PA)roeoet flq=+o?io Fonn 1039 it0i 051 412008 8:39:08 AWl CUMBERLAND COUNTY lnst.#200744398-Page 4 or 18 paid in aril. to,the ekreni that arty,excess ez:%'after the payment is applied to the full payment of one or toore Periodic 04inents;such'excess may bi'ipplied to any late charges due. Voluntary prepayments shall tie applied first to any:;pri=payrn6ht charges Find then as,described in the Note. A;ny application:of Nayt?tents, in3urance isrdcee8s,or Miscellaneous Proceeds to principal due under th'e Note shall nat extend or ptisspaite the due data,,or change,the amount; orthc Periodic Payments. 3. livnds.(, r Lservm*heirs Borrower shall:pay-to tender.on ihe,day Poribdic Payments are due under the Nate, trnttl_tfic Notc its paid in,-NI4 a sum(the'!riinw).to lrrovide.for payment of amounts due for::Wjaxgsrand assessments..atid other.items which can,atiairi.,priority oycr this Security lrtistr met l as,a lion'or:encum rance On ittc Propeirty; (b) Ieaschold payments or.ground resits on the Ptbperty, prelfiiutns for'army aria all inrtirance.required by Lender under Seon and:(c IVlprtgage insurance prgtniumt;.if arty, or any surt3s payable .by Plorrower to 'Lender:in :lieu of tine payntctit of lvlort,- Insurance .premiums tit aceiirdance with.the praulstans.bf Section. t0. these merits arc'ea'llcd "i,scrriti Items.,,At originahisn iris:tit any time dtiring.tbe term of ilia Loan; 1�eatdCr!tray°rdiliriie that.Cornntuniiy isst ci#iron-Dries, Fees;:and Assessntettts, if`tiny,,,be:kii, owed-by-13arrotvcr; and such dues .ffes Arid dssCSSittcatts:sttall lae an.Escrow lteni.&+riosves`shnil pmmptty fiumish to-Lender ull riotmes--df'ainntints to 6c paid tander.tlsis SeeiWit. Bortowcr shalt pay Lender.the Funds.for Escroow Iterns unless'gender waives Borrower's obligation to pay the funds-for any or till Eerb* Items. Lender may waive Borrower's: obligtititin tb.pay to Lomier Furids for any or all:FAdow Ihems at.aity time. Any such vraiYer may#5nly Zit= in writing,In the ovent of such waiver; Borrower shall pay;ii ircetly, When and where phi able,.ttte atmmoun€s due•f'dt„any:;lzsGfrtw Tierra foF'wht;h,paymcnt of`Funds tins been rvaivcd by I:cridci�artf,'if tettder:requires, shalt fwtmtsh tn,;t,ender Peeetpts evrdcneiri sudh p:iymcnt wvithin such time period as Lender spay rcguirc,. fiistrotvet's,obligatrorr tat"tnaltc such.payments,aitd`RO provide receipts shall'(6r all putpiiscs:tie.idcerimcd to be a coYettanf trite agceeinertt eor!tainecl_iii this Security instrument;•as the phruse''covenant`And agrec men t' is used in Section 4. It Borrower is obligated to pray SscroW Vehms'dareatly,pursuant to.'a waiver_and Wvrolwer fuils�to pay,the amount ilue'for an Escrow Item,Under mayexercise its riBimts osiers Section 9 and pay.smith a irotttit retie $orro wter shal.then be:obltgated=under.Sectitin 0_to repiiy to tend cr.my such 1&6oufit.: Lender may teVtFke the wtilvcr as to any.or all.Cscrow Items-at airy tttrie•b o a-notice givcim in dcrtirctsitace with•SFctivn:l�end,,upon sue:h tevacalrort..Bcsrrovaer 3l all,-pay to Lc+tdv-'till Funds,Abd in 4gdh amounts,-that ae.fifen req uired u det.this Section). lxdi `tidy rT Umo,coll ct;andltoid iunds ii.a n matrtt{any it)suffeetit,t{s permit Lender to apply thb.-Fuiridt at this finvo speciped trndcr.RGSP S :and (b)not to erti ,the;maximuin a.rioum a lender can !to ire under It>vSP..: 'L tldcr sitali estirttate'thc amount;of"Funds due on the basis of current data and -rcasonable•,cstjifiates o`f eitpctiilirUres,,af fultire�6ctow hens tirootherwWo,.in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured Iiy a T'eoerat :agency, insttumenfality;car cnt'sty`(.ir etudirig Lender,it:L.erider is an'institiutiorm whiis8 dcpciS ts.;itte so insured)or in °any keiletal-Home f,tman'Bank Winder shall ipply:the Furids.to pay the l;scrow,ltems.no later lion the thine' specked under RLSPA. 66ndrr'slmall oiding ar(firpplying ihp rune drinuaity analyzing^the est rdA account, dr'vc�rifying.the i scr'ow Items, sinless t crid`er;pa}s Borrower interest on'the Frtrmds,, Applicable t.;irv4 pcmrits Lender tt�nmak4 such a'blear q: tlrttesc an at i ccmeni is made in writing iii A)plicttbie_b w rcqu[res ritcrest iii 6 Vuid<on tlib t:und ;t et3dcr shall stirs be requi"to pt(y Borrower. any:Interest or earning rs-on the.Noids. 8di ower`and.Lender calm agree in,.writing, fitwey i;that:interest-. btt'AJ(0508) #ice s of to Form 3099 1101 05114/2009 8:39:09 AM CUMBERLAND COUNTY rust.#200741398-Page 5 of is a r shall be paid on the Funds. Lender shall give to Borrower. without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA, if there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA,but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leaschoid payments or ground rents on the Property, if any,and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall fray dtem in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower; (a)agrees in writing to the payment of the obligation scoured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b)contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing,or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts(including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or(b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably Wright affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. Q t.6tPAl tpsoa> Py+Bet+s rorm 3038 4M 05/141200 8:39:09 AM CUMBERLAND COUNTY Inst.t1200741398-Page 6 of 18 c If Borrower fails,to maintain 4by:of.111e: iu rat'cs'tlescx%tied'ai ovc,..l n&r%ilia} obtain insurance coverage, at Lender's opt'it)rt a,id florrowcr's:expense: Under is under ne,otiligati err to purchase any particular type or amount of.:coverage Tlteirefcrre, such coverage Ad-bbVcr-.L;en'd& but might or might not protect Borrower,.Borrower's.equity An the Property, or ilie contents.-of the t''roperty, against any risk, hazard or liability and might provide greater-car lesser covcrngc•than Was prevldtisiy.-Iin:effect. Borrower acknowledges that the cost of the insurance coveragc,'so obtairiedi brig}t,signil'ttantly zexceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by[esrdi"r'u"ader fl is Section 5 shall become additional debt of Borrower secured by this Security"h s rtrmerit,'Whence;aniounz shall bear interest " at the Note rate from the date of disbursement and' rttl:b 'Iriyable; wi fi s.uctt lrttCi i;:upon native from Lender to Borrower requesting payment. Alf ittsutsancc::paticies`rCgwred.by],antler and renewals of such policies alt's]] be subject ta:#tinder's right to,,disapprove suer.pcflrc 6e stiali include a standard;madgagc cinu.4c, ar9d sh�i€€'name ]:ender as rinortgageejw ior�o3 an additional loss gay s: l ender;shall ha�ti the right.#o t:)l the pplicres and:renewitt ccr#rficates If lxiier rcqutres, Borrower alts]]protitptly.give:tts Lendca x1I teceipt5 of pall prcoritums arid. ietritstival•notices 1p?Borrovicr obtaiitts,arty farm of�n5i}rart coverage, riot otherwise rrgjtiir+ed by?3acnder; ;[or dariisgc"to,-or, of the:7'roperty, sui h Ii, sl,nif inttride t standard mt~rtgErge clause and" sliaill.'name) fidt r as.ntortgagee atidior as Oki 'additional loss payee. lot the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make.proof of loss rfItbt tirade proAipt€y by"Borrower. Unless Lender and Borrower,otherwise agree iii tivrrtrng,,nny t»surance prig lfs 'whet}rcr or nit the underlying onsurance wds,requrreti by Lender, shall: lie applied;o restoratran of:tepait of tlfe Property; iT fkc rettoratiFin iit.rep 1r is rcrincitnical€ylcasible,antl l ender's_secbrity ls:not l senate During sue h-repair;-and restaration period, I�eiider shalt liavz the right tu: livid suclf iitsurarice pro�ecds until)Mende fire ,.hatl sth::op rortun ty to:itisptrct:such Property to ensure thn work has, beers carii feted ito:].tinder's sirtlsftii thin, provider].:#hit# suelz inspection.she bi "ittSdartrrketi jirompily:t ender.;ilay disburse prtsect ds tear the repairs and restarniiori.ln;a sing3e.payment ar.lts'•a:series ofprogresS paymettts�s tllc vrork is.campleted Unle ss.an agseCmcnt,is made in Writing or App heabie Law tetlurres irrtcrest tt;be paid<Kt»Stith,r sitlririCp,prcrcgeds, tkrtc€er::shatl not be required to;tiay Borrower lily ]rill rest.br "earnings tin such,proceeds F?ties. for IiuUlic. adjiastt r"s; or other third parties, retained by tlisrmwerisylall nsif lic;pttid'csiii;i,i the fnsurarice proceeds iiffid_sisal].Lie the sole obligatloft.af Bioft wet•.it' tTie tc`sretion tar,repair is tint eeonAmicaily`teasiblc ar Lender's security would be lessened, the insurance j�rocecds' lail be p#tplieii its tiro sistts secured`:tay this Security Instrument, whether or not then due, with lire e�tcess ifinyi paid 9,Bpreptver.•Such ijispriinot proceeds shall be applied in the order provided for in section 2: If Borrower abandons the Property, Lender may Filer :negotiate and,setile',any avaslabtc irr$uiaiia 6 claim and related matters. If Borrower does not respond:within 30 ddys,�o a:noift e'from 1 ends;::that#lei:. insurance carrier has offered to settle a claim, then Lender trray-negotiate afidsettle the T1rm Tl{e 30-day period will begin when the notice is given. In:eithcr event; or if Lender acquires the Property. under Section 22 or otherwise, Borrower hereby sssigns.,to Lcsidtr {el �orrowcr"s;sights to arty-'insut'anco, prfi eds;6 an amt>unt no`tu exceed-the amounts impptd under the I� ie:or::thfis S'uri�y lnsirtint�tt, arid: {b) any nflicr of 33arrower's rights(other thtin thu right to any ri;fund trf unestrned l�remiurns;paid try!: Borrower wider allrrsfYrttiice.ptiircles cbvcring;the i'roperty, tirsofar as such rights are:spplicablc to tic'. t iiveige'of;thc;Propl sty:1.ender.tnay use#he=insurance proceeds eitfier.fd reparr.dr restore itse I'rap rty.ar to pay.arrtounts'unp rd under,the lVofe or.t}iis'Security irtstruttient,=wttetkter ar.not then z€ue, G#PAl pscar vsgo r of to Form 3039 V0i MJ141'9nnfr R'3.q'nR AM CUMBERLAND COUNTY lnat#20070388-Page 7 of 18 r f 3 G Clccupaiury 13orrorvar shall occupy est b1-h ai'd use"the Property as i3orrower's principal resrdeai rvtfhu»60 t3ays sfler the execution ci Jhis Secur ty;lnstruinGnt and shall ctiritiitue to occupy the Atop try;as Borrower's ptrnctpaf rbsrderycd:for at least tine year aficr iftc dated!o.cul5ancy, unless Lender athcrwist agceee"s` rn W7riting, whiff h criirsent shall trot br tinreasanatily;vrithlicltl; or:unless extenuating ' circumstances ertisr whrch�are beyond I#orrot�rer's caritrof _ 7,, iPrcw Yahoo, Mointenpuce,anti' 'roteett8h of the:Property, inspectionsi,florrovier li€}[l.tt E destroy: dar3rn p ttr irnparr the Ptaperty al{ow flee Property to.dcterxmite br cotho t w to *n t1ie= Property; YJlieilser or no Borror:+el its residmg in it ail., r.. order to`"(5rPy2nt.the Property frorsi dctcrioi�itrng.:or docreasing fn value due t041s;,ei5nduunn unless It is', du°term Tied,purxuartt to Sectton 5.that report or restoration is nd-economiculI feaslhte t rri wer s tall litotttpt3y 'repair'the i'ropetty sr' damaged, ttr avoid further deterioration or damage if insurance or condcn iattrin priire ds arc pa,d tit canncctlon with darrrage-to, or tort italcing of the Aroperty;: Bon°owcr :shall 1>e r>r3ponsjlslr for repotting at resror ng ilie l?operty;only if Lender has feleast..proceeds for such purposes..L;tn+�er rtray disburse{ik`iiceeds sor:•the,repairs and�esieratiin an a;'s`iiigle paytiicnt or:ri a series of progres ,paymCntti file wd rs`ptsntplcte$ if the:,'snsutance trr cdrxii ntnatrt}n proceeds are noi:suficiearr: x ttr repair ar restore the Prapprty Eiorrowr r:rs nol.rctieved of l3ortowcr s tsbligatton foi the:coltipietion.tyt. such"icpair or restoration. Lender or its agent may maize reasonable entries upon and inspections of the property, If it has reasonable cause, Lender may inspect the iriterior.of the improvements on the Property'.' Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause, S. Borrower's loan Application. Borrower shall be in default if during the Loan application process; Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false,misl'eading,,or inaccurate information or suttements to Lender (or failed to provide bender with material information) in connection with the Loan. MaWrial representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Leader's interest in the'Property and Rights.Under this Security Instrument,If (a)Borrower fails to perform the covenants and agreements contained in this Security Instrument,(h)there is a legal proceeding that might significantly affect Lender`s interest in the Property andlor rights'uuder this Security Instrument(such as a proceeding in bankruptcy,.,,probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and fray for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting andlor assessing the value of the Property,and securing and/or repairing the Property, Lender's actions can,include, but are not limited to: (a)paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable > attorneys' fees to protect.1ts interest in the Property and/or rights under this Security Instrument, including its secured,position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to'make repairs,change locks, replace or board up doors and windows, drain_water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so, it is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. M-S(PA)(o.,0e1 pAgeaofto !� form 3039 flat ; f 05/14/2009 8;39:09 AM CUMBERLAND COUNTY tnst,#200741398-Page 8 of 18 • .r Any amounts disbursed by Lender under this Section 4 shall become additional debt of Borrower secured by this Security instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless .Ltatdei t#gees;tta°the rttcrger•'.lft wrttiitg. 10: Mortgage int:uranee,.if'L ender rquired Mortgage Insurance as a condition of-raking the Loan, *?tower A01 pay,Ac to ma�nvsit{tlte'Mortgage Insurance in effect. If, for any reason, the Mortgkigc'trssui.rnce covcrage4 cquired by Lender ceases to be available from the mortgage insurer that jarevs't ctsly provided such:insurance antl'Barrower avas required to make separately Aestgpitted payments., towarG the premiums.;for rl+igrtguge Itisutnrtct;. Clorrawer .sltali pay the prertttums rtxliiired to .iibtwh cove e substantiaily:equtvatcrii to'the Moc#gage Jitsur&ncc'previiiusly in effeot, :at a cps;submaantiai equivalcrit to Elie cost tit;`I3nrrowcr:of the Mortgage In'surarlee previously tit �eflect; frdm alt:iaiternstc, mortgage Insurer selcctl by :Lender:-if stibstaniially ^iluii?aleht Mortgage,tnsu,rdnCC oavtrsge. is>.aat: ,adallabie; harrower shall'cattitritte to pay:to txndisr ihe:antouiiaof the separately ticsignated:paymcmc.t1iaL were'-due when iht's iisurarrcc covcwage�giiscd to be,in eff'eci. Lender."I accepi vii::aad recaia tiicse' �payniertts as a Lion refurtdable loss.rese'rue in iicu of Mortgage lnsumnce. .Siich toss reserve shad be lion-refundable,hiatwithstanding the fact That the Loan is ultimatciy paid in.fluII, and.Under,-snail not tie, required ct7 pay.BorioCver arty interest tir oerning:4:nii such loss re$erva. Lender,can.no longer.:requirc Hiss: reserve paynients'if Mortgage liisuranae coverage{iii the ninount'and fot the puriod thal L,eriddr rcquires) prttvidcd by an`Irisurcr `selecicd by tciider agaltr I ecotttes available, is abtalnpd, and Larder*,ri quite separately designated payments triward ttte premiumstor tvlorig>ge.lisiirance. Leitder required Mortgage ristiranae as a condition,of making tfic"Loan and 13orrocver:yeas required to niako.sep:i- tely designated payments toward the prcmiutns for Mort age In"surattce: i3orrowbr'shill pay:lht premiums required to maintain Mortgage itisit ancc in"affect or to,proytda a .iiort rcfundrible.lass rtr'sr ve. tihtil Lender's requitement far Mortgage insurance ends in.accardiincc wtih any written agreptnent.Ilxtw�en:f3orroivcran& l ertdt=r providing for sticlt tenttit atlon or.unfri terminetron is.reiyuired by applicable L:avr Ndthing in fhls 'Swian.tCl'attiwts Barra ver'S:+abiigafi6ft to p(iY intetgst at tits~rate:proVid d;in the Note. Mortgage insurance reimburses Lender(or a>tiy entity that;purchases ttte Natej:ft exrtain losses'it may incur if Borrower does not repay the Loan as agreed. Borrower is lice a party 'to the:MortI;igc1 tnsuianoe. Mort&gc itisuress evttluate.iticir total t'isk;on ail such insurance in farce,from tithe,to.time, and may enter:.intto agreeritcnts w-th o'it Or; pi"ei s tfrat'share iirmodify their risk,or reduce losses.'Thcsr rigreerrrcritt are on terms-arid conditions that,:are satisfacturyto the mortgage insurer and The ethcip'ifty (or parties),to thesc-agreements.3"heseagrecrnerits rthay require Jibe-mortgage insurer to fnake payincitts osing-M sijurre of funds-that thc>mortg age litsur�rrnay.travc.iivnilfitile;{which may include fund .obtoiltud:frorYt Mortgage insurance'premiuttts) As:a result..of'those.agreements, Lcndcr, any-purchn^r of the'Note,:another insurer, any.reinsuicr; any,otlitr.eniaty;:or ariy'tttlikate of'ztny 6f-the foregoing; rttay receive(dtrectly'or in&6:1ly)amounts that derive i`rain(or;might be.characterized ns)'a portion of Borrower's payments f'or iVlortgap.nsurance, iii' exchange fof shairang ou modifying the.mbrtgage.insttre4�rsk; or reducing,lasses.. tf`such agreetncnt. :provides:thm' art aff7haW;Of>,Under:takes a share, of'thc insure risk tn.exchafig6:fir a;"share itf:die premiums paid.to the insumr,tlte.ermnge gent ss.O,en termed'captiVe.,reinwrance"Further;1.(a) Any ouch agt72cint`rit5 vt+i11 rat affect the amounts i6nt 60rroiver fins;u'i,reed to ppy- (6T'. Mbilgage,bsurance, or,any.utltcr fer►ns.of.the Upah. Such agreements will not increase the amount BorrotiYCr iWI ovrt foi.Itilirrtgage:insurarrCe,rind ilreywill not entitle Borrower to en),refund, fnRitlt; •J BtPAI(oeoet OPT.9 0l, W rOfRf 3039 t!ni 0511412009 44:39:09 AM CUMBERLAND COUNTY inat.#200741398-Page 9 of 18 tb) Any such Agreements wili not olt4f the rights Borrower has - If any- wit6 respect to the 1►1or(gage Insurance tinderthe:Homeowners Protection Act of 1998 or any other law. These rights Br ay include iliii right i0 tieilve certain 'disclosures, to request and obtain cancellation of the ,Mpttgage Insurance;"to have the.tYlortgage Insurance terminated automatically, and/or to receive a reluitd:o `ATiy ltlortg'e�+ta,Itrsurance pr'+eiiiiums that were unearned at the time of such cancellation or termination. :14. A; ignntent of'Miscellaneous frocecdst Forfeiture. All Miscellaneous Proceeds are hereby *11&ed to and shall bo paid to:Lender. :If the Pt±aperty Is,damaged such Miscellaneous.f't'occeds shall be:applied (6 re ar:repair`of the:Pibperty, if the res(oration_or repair is economtcaliy feasible and;L.endcr's sccurity is not lessened: During such repair and restoration period, Undersltall.have the rigl t.`to Hold such Miscctlancous Piocacds. I :until lender lids had'an�oppoitunrt, to irisiiect such.Property to ensure the work has,been completed tq Lender's satisfaction,;providcd'that such inspection shop be undcrtakeit promptly, :ender'triay pay,,fbr the. repairs anti restoration to a sinble ctisbtirsemetlt or in:a 3cr'ics of progress payments:as the. wnrk is ecnnplcied.>Unless.an apreetrtcrit ts'.niade in writing or:fipplicstble Law requires interest to tic paid o►I such tviisgol1"Mus Procee s, Lender.shall riot be Tetjt!Ued,:to.pay Borrower any interest Or eattttngs; tint.such Miscellaneous Proceeds. [f the restoration or repair is not ecoitoinically feasible or bandees security<would be lessened, the Miscellaneous Proceeds shalt he applied to the sums secured by this Seruri6i Instrument. whether or not then due, with the excess, if any, paid to Borrower, Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with (We?ccess;.if any,,paid to Burrower: 'in the event 6fa:partiat:taking destruction; or loss in value..ofthc Property in which the fair market vaiite of the Property immediately before the Oarttal taking, destruction; or loss.in iral ue is equal to or greatcr.fhan tie amount of.the.sums.9beiiied by this,,Sceurny 7nstruntent immediately before the partial ticking, destruction; or loss in valtuc,.untcss Borrower atilt:t ender otherwise tigrcc .iii writing, the sums sccumd by this 5acurrty. inch irnent shall be redurcd by the amount of the Miscellaneous Proceeds multiplied by the &I(Dwutg_f iietion::.0]i till.total ainount of the sums secured immediately before the ailial taking; destruction; 'or loss. in value divided by (b) (lie fair market. value :of the P,roperry. tmmddtiaely bofdre`the partial taking,dostructiori,or loss din value. Any balance shatI be paid,ro Borrtttver. lit:the event of a.:pertial t-. ng,;destruction, or.Iti"S v-ltie 6f the Property`in,which the fair rittirkct value:of the Property immediately before the partial taking destruction, of loss:in value is less'thari.the wnount.of•tite shins secured it ttri4afely#iefore the partial taking, ilesiruction; or fiyss'in value; .unless Borrower and Lender otherwise agree in writing, the'Miscellaneous 'Pro'iii is sfisl17 be 4100ed 46.tl e-sums secured by this Security Instrument whether or not the sums'are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the '6ppd'singTarty,(tis defined In.the;next sentence)offers to make an award to settle a.claim for damages, Borrower fails to respond to,I endear within 30 days after lire date the notice is given L;erider is authorized to collect and apply the Miscellaneous Proceeds cithcr:.to restoration or repair.of the Prtrpetfy or_o,:the sums secured by this Security Instrument, whether nr ntit then due. Apposing Patty"mesns the third party, that owes Borrower Miscellaneous Proceeds or the partyagainst.wh@i -Borrawr r tas a:tight uf'action to regard to Miseetlaneotis Proceeds botrtnver shall be in.-default if any actlitn or proceeding, whether civil or criminal, is begun that, in Leiider`s.)udgnetit; could .result in forfetturc.vr the Property or other material impairment of Lender's anterest:.in the Property or-iights'.under this Sectirtty lnstrument. Borrower can cure such a default and. if acceleration has dedUrmd.:rginstate:as>provided lit Section 19, by causing the action or proceeding to be -_ .S(PA)tosoet P.De 1D of M form 3038 1101 0fif14fl009 8:39:09 AM CUMBERLAND COUNTY inst.#200741398-Page 10 of 18 dismissed with a ruling that-,,in Uni'dee"i judo ffiefitj precludes forfeiture of the Property or other material 3titpatrst:cn't;ofUnder!s interest in thc•-Propetty-ar,tights under this Security Instrument. The proceeds of any award,or claim for damages tbaf'ace ahA6irta'blc to the impairment of Under's interest in the Property 'are h'creby,assigidd and shall be paid to L;endcr Ali Miscellaneous Proceeds that are haVapplied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12, Borrower Not Released; Forbearance By Lender iVof:a Waiver.. €xtCasiati of the iinite for itayntetit ar<ntodifrcation ofamorttzation of the sums seeured by-:th S Security Instrument grantcltl ridef ttl Boftw&br any Successor rn Interest of Borrower shall not operate to release the liability,of Borrower or Ali Suceessots in.:Interest of[farrowcr Under sh'till not be:required to commence plod eGdings'agaihst .any Successor in:interest of Borrower or to refuse to extenif tittle for payment or-otherwise modi€y atrortixatiott of fhc sums secured try.this ScGt?7ity lnstturtfent.by reason of arty demand made try rite briginsl 6orrowcr-or arty Successors in Weresi of'Borrower,.Any-fu tb"eatancc by Lender in aterrisirtg;any:right or rcmcdy.Idc'ludi m, wltbout':timitation Unders acceptance;of.payments.frorn third piKstins, entitios.or. Siroccssors in Interest of-Boniowcr of in amoiin,N. :ss!hail thd'at o ilnt then`duo, shall not be x waiver of 9? preclude the exeicise of any or remedy,. 13 Joi#tt and Several lAability;'CB-sigiterc. fiticressors gnd As-sigrts ound,'Btrri"awer covenahis! and ztgrees chat'sortoWer's obligations and habillty Shat{'be,aoin#and several, llow•ever,any Borrower' 6 co-3igtts Ctiis:Security+ itistrunient biit does not execute the Note,(a 'co-si};ner"): (a) s''ca signing;chi§ Sseirrlty1tistrument only do mortgage, grant tiiid conuey the ccrsigtter`S'interest:in the Pro pery cruder the tetras of this Security Instrttrnent (h)IS not:personally`obligated to.,pay.�the iums secnred'by- (iris Security:. in'strumenti:0-Ad (c) agrees'that.Lender and any otlri�r Borrower,,can agree to ex(endi mod)fy, forbemtr or: make,any Aceorrtms'odi tlotis with regard.to the terms or`ks'Security nitrtiriicnt or t_ite Note without tile+ castgne is consent: Subject, to the provisions of Soctton 1.8 My Succcssot In, Interest �of.�orrov}cr,who iisumcs Borrowee..s obligations.under'this Security Instrument ire ivritin_ihd is approved'by Under; Shall obtain ill.df Borrower's ti&hts-sn benefits•unif6i alts Security Instruttrermt. Borrower strati riot,bd teleasedl flails. ;t3iirrcrwer's obligatiohs acid liability trader this Security lnstrurneni unless•,.Ander agrrees.to such.itloase in writing., The covenants dill'.=agreements ;cf Allis:Security 'Instrument•shaft bind i(except ss�- rcrvidcd in ,Secttaa 20)dial lreateftt tiresuceessars-srrtd a igiit.tif Lender., 1d. ;Loan Charges t ender.may chargesBorrower Ices foe sdrvicos perlbrMed eft connection with Borrower`s default; for the_purpose:.o€;5roicetiag.l.cntlet's tntcresf in the Property and-rights under this Srcurily.Instrument,including, but not imited-toj.attorneys' fees, property inspection and-valuation tips: in regard to any.other.fecs dre abscrice of Oipress.authorlty in this.Security instrument to charge of tpecifid' ; fee o I3ortbWer shall not be construed as a prohibition on the ctiArgarig of such>.fee. Under Wray.alit r,Ittugo 'fces that ara oxpreissly prohibited by itltrs Security lnstrtith6t of-by.Applictible t,,aiy if the Loan is'sublect to a law iv iich sets rtiaxtrttuiti loan charges: and that law is finally uiitcrprete l.scr ttiaf the Ihtctat or other loan:charges collected or to;be:coliected in connection with the Loan exceed the' perrrtit il.lit»its; tlteit `;attiy Such It? ctriirge.stroll lx•:rcdu d.by iltf;ian8titit_ttece saryta Mdtice'tile charge to;ifie permitted limit;and(b)any.surns atrr�idy collected€rotti 13orrower which exceeded permitted tsrnitS will be,'refindt d to.f3orrowcr. l.eitdi�r.Wray choose to make this tr€und Fly reducing the principal' i5:ved'trrider lire 151otu:tir fly making a drrtet{taymetrt_to 8orrowcr 'if a•teMnd reduces prtnciiiui;.(fit reduction will be treated as a partial prepayment Withouit oily:.: prepay-Inent charge fwhcther'err atflt.a prepayment charge is provided for under the Note), E3orrowet✓s:acceptance.of any such rcfund..'f t�n&'tt}+ direct payment to Harrower will Constitute a waiver of arty right Oi oC'tio i 1lorrower might have arising 60t of such overcharge. 15. Notices. All notices given by Borrower•or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower In connection with this Security Instrument shatl be deemed to 4ft4(PA)10804) veoa r r ails *" T Form 3038 i is t AWI Ar,nno n•zo•no a an r:t IMfIFRI.AND COUNTY Inst.#200741398-Page 11 of 18 have bcew given:to`13tziiower vrhen:titailcd by first clmes1mail,of when:actixotoy a ivercd to Porrower's- noticd address if*,sent by an other mes.:Notice to 66Y one Bbreovor sh;all constitute-notice to alf:Hbrro very unless Applicable Law expressly icqulres'othetw sc;.'11ta:notice address shall"be the Properly Address. 06103S Borrower hss designated a stlbststute nbtrcc address by notice;to t ender:86rrower shall promptly. notio Lender ofl3ofrowces chango-,of address if Lenidcr Specifies a procedure for repor2mlr l3arri+uorrs change,:of..8ddicss, `then Boirdwer shall only report a c11ange cif•address'Ahrougb that spapiRed procedure,. Thei`t •rriay be only one designated ttotice'�addrcss under this Security Instrument at any one,bale. Arry notice to Lender shall tie ggiven IV dellvcring. t or by mailing:it by fist cuss snail to L:ender's address ,stsEed herein, unless 'Lc6der has designated_ another -address by notice,. to '804ower. :Any notice. in' connection with ibis Scciirizy lristruincat snail oat be ifcemed. )have tieert ivon:to Deride r ut)til acMiatiy received by Lender. if any notice fequircd by-thi. —&curity lnstiuMpti is 8140 cogt)ircd under Applicable Law; tlie,Appticabale ba)w requirement will:satfsfy the'corrGSpotid rag .rcqu.iremeiit:antler this:Seem*y Instxurrrent_. ib .GOvernlhg L,aw;'Several ility; Rules of Conkift llon.. This recglty instrument .Shall lac governed by federal law and the I*...Orthc jurisdiction in.Aich;,the Property 4 located. Ail rights and obligations Gciittained in this s Ocurjty instrument re ,subject,an:any tequkments.sand limitations of, .;Applicable Law.:A0plicaible.Law Might explicitly or'implicitly hlbow the pastres to agree by contract er it night be silent,.but`;saeh,:silence:shall not be-Construed as'a.prohibklon-against "by.cotiblact. In the dv,~nt that dray provision or clausee of this.Security knstrument or the rilotc nonflicts•*vlth.Applicable, Law, sudh conflict shall not affect ether prouislons;of tills Securtty lnsttvment or.tlic 3vartc whicbt•.caa:lte given effect without the conflicting provision, As,,used in this Security Instr mcni: {a) words,of the iriastiilinc gcndcr shall mean and include. cotresporidittg.neuter words or words of the..feminine:g+:ridc>i (b) words-to the singulnr`sfiall.mean and ncltfde the plural and vice'versa,acid(C).Aie worCtittay"'gives sole disCrction wbthaut•any obligation'o hike arty xctiort 17 130rrower's{ropy.'borrower shalt be,given one ctspymof the 40te and of ih)c Security lrtstrolitcriL 18. Trahsfet.of the Propertjr':orr:a Rbnet7e at,interest m 6or-rorvar As used in this;Section.l$,, "Interest iti,the pioperty"means:any:lcgal ur benefSC xl tntetest in-she Prdpet2y,.including,but not±limited lo,-thcrse.:beneftcial interests.transferred fn a.bond for dad,6dntrect.for.deed installment talcs coniract or, acr'ow agreement,the.inwof of which is thr tmfitfer nftitic by 13orroWer at a.future date to a purchaser. if all or any pai�t bf.the Property or any.Interest In tire,property is°sold:or transferred(or if,librio'Wer J4 trot a naturril person-and a be eftcia1-ntetest in!lJorrower is sold or transt'errcd iiiithoui Lender"s_prior writicn oonscni, ,lender may require immediate;payment in 'full of all sums secured by this Security ; Instrument.q:I..3,owevcr, this:option"ibali not be,exeicised by.te'Ader'if suclx d*tedisc:is prohibited.-by Applicable Law if l;endar exercises this option, Lender.shall°give.80trower notice:or:accelcration. ll'he notice shall. provide,a pdriod of not`.less than 3d days frOrn the`datc..the notice,is given In;ac orilarcc with i ection l3 within which Borrower must pay all xiim securodrby this.Sgcurity-lostrumerit. if Sorrower fails:to pay. U►esc turns'prior to tltc expirwiogt,6f this period,.t,endcr may invoice,:.ally_rcth6diw~ pennitted by this :Security Tnstruriicnt,withoutfiurther:not)ca or:detriand:an.,. tower. 14} Sidrrowerls Right.to,Relastate fter Acccicratlon. 3f I3orrciwor meets certain conditions. Borrower shall hive the rbght�fo1 have enforeoment of this Security Insttuinerrt disrorttimied at:any time prior to the, e,srlrt st of (a}Svc days befoTC sale of tl)`e Property pyrsuaiit to any.power of sate com;iinLd irY- ttrls Security Instrument,.(b) such either period as Applfcabl¢ Lily+ rriibht slaecify for tbiC'termthlitron of t"'13arrowet'sr right to rcanstat>, or Vic) catty of judgment Cnfd-elilg 'tics$ ECtiylty fl5trrirrl6n,t 7tiase ttott5 are that' orrOwef. (a) pays Lr^rlder t sutras:which alien wiSUld be due vniier this.;Sccurizy±. Instrument and the Note ac ifxta`acGetcratian had•sccurrrd;.(b).cures ally dt fits lt.ofany Uther COVeltarttS ot. dMi•BiPAI(coos) Pop Q of I Y Foam 3839 ttal 0.114r,nnq 8:39:{!9 AM CUMBERLAND COUNTY lnst.#200741398-Page 12 of 18 wg etitehu� (c)pays ell,expenses incurred;In an arcing thas,Security InxtrumeiiG- hkfaiding, but not limited % ttosq,nI16 attoi4ye fees, ¢topeaty inspection and Vatiiation."fees a'n bthdr fact mt urrcd for.:ttte purpose cif oNtd0hig Losd'ces itaterost in i}ic Pe!o6c t"and_rights.under flail.Security.tr`strumratC and(d) fakes suds action as tender iriay.reasadabfy..mquirc:trr a45urc tfit3t Undt e s:riterest,in the.Property and rights tittri9tr this 5ecur'it K,,'InstrumenYt and}3orrowtr's oblikition to pay the sutits seoutWif by:this Security. lnstrttrtient,.shalf toot ratio unchanged ]:ettdrr mny;rcquare.thi l Aarrov?ar piiy,:zuch rein-,Wdf nt:"suttts ind'. expenses�n one-pr more of the followang:farrns :tig ,dledte3 by Lender (a)•rcaitih,:(n):money order, (c) cettaCed;Chdc#c,:bank cltetlt,.trcasure?'i sficett-Drta-Aldes ehcck, provided any latch chasek m,drawn upon: an itsiitvttan�vtiiise depsssti are insured by,a fecic tt!agency,, triStflaTnantafity or entity.;or(d)> IeGirnitic T6cis,'ra rviter Upon reinstaieiiient by iltarrower. this Security Instivrtit'ni and`obllgat►c ns secured licrcliy 's14114crhitist WO affedfivi.as i(no, nee-die taaon,::had dccurred, .Plowdver; 'hli ri,i.iii:tcinstatc's1t'aii not apply!r!:'the dase;of accdlerztti�n uriddr Sdr<tian 18 . 20:dAw of No' Late;Change of Loan Ser i rcrr, Nutice of Crievarice T-The Note,tint;pact.il.intcrest die tlate.(fngetlicr Alth dial St&Itity Instrutrtentj can be sol' one or 0--, tirntas without prior nou to f3arrgv,e1- A .sa`le rritght resuk.in a dbiin' an the:;entity (known its llld ;I:tiatt SesVlcer.!')_tlsat colfedts Periodic Fayrner+t`s.due vrtddr the Note.andf this Security.Instruatteiyi and perfat�tls oiler.mime ician •servid og obftgations undt±r the Note, iiiis:Sccur%ty:.Instrumcnt, and:App]"acabie ttrw. lucre atlso miglft Itd att_or_tritire cliari�cs:o'f the ]trait Soi vi6ar�unrelaied'to a§ate:ot ilia•lftlte; 'I t`hcrr is is eiiattge:of the Loan Scrviccr rrower.w}lt be;g9vcn written;noiirc of fllc iltange which w°si!<tate itac nitme,artd:address of the stew l oW Servici�, the iiddress,to which payments shdiildt he rl*de.an any rather at+forntaiiorr ROSPA. 'requires 30 cotitieetion tivith n notice of iriinsfcr aif sai�+tcirtg. Iftbe Cite as,sald and thetrdaher the loan s: sdrvtced.by a l.oart Seruiccr otlscr tliaan thr ptmdllaser bf flic_Notc the;mortgAge !C1 rig,0 blagatia4 id lorroiver silt rt nsaan with the Loan Serv:idi±r or be to at,3udoessor Lbah!;S._rviccr>sird.anC,not assumed.b ihu.Nota'put lsaset tanlcss athcrwase pravidcd by:the Nate¢iurchaser I�lcifftrs T3a rrower nor tender n ay cctrtanence;join-, or be joaracd to.arty judaCrts�stdtaon {RS;eniadr ititi inclividoat litigant or the hternber of a:class)that:sales:from Ute rtlter party'"actimm pursuant to,.dial 5essurity:lrtsttusitcnt•4r that aileges.tltak'the#thdr party has breached any provision aC or•'any duty owed by rt,tson:taf, thas.Securatj+ttlat ttmettt, until such t3orr8W'&,or Lender has not(ficd the other party{with%Inch ilofade:g>rerr rn:ctttttpli cc With ihd regta fdinentS:af;Section )5)of shah oliegt rreac i and afforded cite :otltor pai,V ltaretfi a reasonable period after the"giving pY such ,tat,cc to:take Otte, aduofi: If AptSilahlclacv:,prnvideg.a,tirryc.pert4d::which rtrttst-dlapse beCare ceiiarri,aitttirt can,ae t2i3cen, t}tat.fic (teraod,lvili be'dcetllt tti be reasonable:for put(Sases of tltig paragraph: t tie nailed.taf aCCetGrataolt and ofrporturtity to dare given:to l3irat6wcr (iirxuatrtt:to Section 22.od the riatice of aeoeiettition.givt.n`iii. i orroiver}rursuarit fa SCetlari i fi shat] be tier riicd tb;satisf}o the natiei t+'nri.apppttuiiifi `ta take ccarrectiv action(rovtsaorWVof" is:Section 20: 2i. liAZardons uii3tlanGos As used In this 'Section" Zt 00, itazardaus Suh± ances"-are those 36bstadccs defined og tonic or t arartlou's sitbctxnces;.paClutaltts ar v+astds lay Ctrvironmentnl.L4W and ih ~ foltacwing substasicci grcalind,. lrerom othit`fittriffitble or toxic petraltutri pritduru, tdttic pgilafaas And lSetbictdes;vptaititc.:stiiveiits, tifaiertals•cttrr4tiasimgastieStos_ot forrrtsitdehyde, aatdradroactivdallateiieis +Irotlmeritrsl l atW'-means'fecSa ral laths 8nd-aws bf this jt rtsdtction wlacUe:.the Property as!'nested that rdWw'to health; ;safety.or:onvironnnctttai preteetaon (c), 'GnS irorineAtel ciaithup" inrtudes-ariy iesponsr acf4%-'1.ernstiiai?actaon tfr.fernovaf action; 04 r1iied an Ettvironmenfat IA'w,;_ (il}'rin 'l=rrvlrssnrtrdtaiol :coed taori" means a coatdtbob :th6t ctut:cause, .contrabtati to ot`vtherwttc:trigger.an 'Env Cleanup. .. "2. �� •� srsftepix: dft.S(PAl(osos) PS0613 ot,18 " form 3039 1101 05/14/2009 8:39:09 AM CUMBERLAND COUNTY Ind*200741898-page 13 of 18 • h lkittbwa skiatl not cause or permit the preseiiae, rise; disposal,stort3ge,::or telease:df,dny_FF10.ardous Stt6stances,or thr ten tzr;release:ally Hazardous 5ubstanc , aq at to the,Prop. Borrower skull not,ita, not aUoiy anrorre;eisc to da, anything uflectnlg tltc-t�rapert}r(a)tftnt::is to viottiUCSn a :anynvaronmeniat 1.Law Lqw4 tb}wh;ch creates 4si ?nvirvnmcntal.G4ndluari;.ar( }vhtbh, due to the presence;tiisa,ar retea5e ofa tlazarddus Substance,-creates it.carid�traii��t'st nd`vcrsaiy nffect�ttie<value oP`fhe Properfy. 7'lie:prct+editig tvra sentences shall not apply to tlic..presenter iitse, of storage on the Pr . operty of~;mall quantttres_ri€: 1lazardoiis Sue ratteds ha"t arts getteratty rccogtiaied wbe appropriate to notmil ie5tdentiaf vises stnd tcs iRtainteilarlcc of tkic PirrijSCrty(including,but not limited to fttr ardoiis:subs(ahccs in oomimerptt�€ucts}: 13oirower slttili prarnptly give l,endtr'wntttn tiOUCe of(a)any inves6041'an chilli; dcmartti, lawsuit. or other:action l>y"-any govemntental or regula#ary a crtey vs private party rnv0►v"ng tile;i'rnP tV,and any: Hatardotts Substance or lInviioilnicntal Law of•wlrtch 'tioireswer hips �cttial kniiwli'dgc,, (b} Any Enviidniiientdl Conditiortr.including but rust,lirilited 1o',an�y:;spiiiing,leaking,discharge, -elcase cji dit6t'Of release of ring i taxardous Sulssrzsnce, and {c} lull+t;tlndittcd•caused'by the;presence;- use t5r release of,a. Flarardous Subst iltce whic?i adversely affects tktc value of ilie Property, If Borrower lens, ar,ls'rsottfieil. lay oily govehrmerttal ar'regulatory authority, or tiny:privat� petty, 'that ofi} re tovai or ath�cr 4 ddiii i: :df any-'Ifaxardous Subst'Anoe affecting the Property-is.notasary;Borrower shall l totrlpil}`Ukc Ail:neccssar3. .remedial acttotis:lit eccoidane"c with Environmental Law. Nothing herein shall dxeatt any nbkigatio .,On l�etider for atE laitvlrotuneritaf Cleanup LION UN1FO*R. 1*t-OVENAIV'r5 Itortiuwer and:Lendet filrther:covemirtt and agroe-, follows:. 22.Acceler ttron,12eiuetlies. Lender shall ghw-11ntr to Harrower pprior to accclostloo�tallowing Borruwei'q ,,b pA_ctt.of Array .covenat►t-or,agreeditnt,itr; tfiis Security tnsttiitnent but rit,r;prior;io acceleration andbe Sectlofr. 18 unless A''N abtt taw ;provides .otherwise} l..,ei deer, shalt notify Iiarmsvcr o1r,ati and other tlilkrgs:(Q)the,. efault;(b)the action-requlred,to cure Aik.defatilt,(c) vhcri ?tlie tlefiitttt. must; be eared; and (d): that =tailurc to cure the d6fwit ris",$pecitied may melt its. sieceterr fitort of the sutras secured.by this:ecurity,ltsstrurrlent, torceiosur ;#sy)ttdEC,ial pr�iceeding nab sale of rise Pi-60 qty, :Leader AM)further iziforan i3orrawer:.af idc right t0 sreiiistate Alter iatteltrsttl6n. nd the `right 1tj asscil .ln the:Pdrerlasg proceeding the nowexlstenee'of it rlet'suit.tie gnu otli'er defense ut�iorrdvet to;oeceleYetlott tied f3aieclosurc, if ttte clefaul#ix:not cured as sjrccled; endar at Its optimi rnsiy t`egatri.:intme'dlate"paymirit tn..full of Al sutras Secured'by.thEs Secunty Instrument ivAout.,tnrther demand JWd niay tofcclose thit.Seeurity.bAir•timent by judicial proceedlii� Lc';nder: shtsll 1sd en#itledta collect all axpcuses Eni:urrc<i�in pursuing.tlie femedlos prnvidtd:fn this Sectiati,22, 'riptliiditig} ,but .tilt-lrh►ited 10, attprveys'-fees aiid e4i6. f-tide evidence iii tht ciztcnt,3criiAit#ed by,. ,.Applleablc Laty: - 23.-telease.'tJpan:payrnent of all Writs secured by this Security lttstrurttrtst,this�tcttrity lit'stttiriierit' sud the estate.cortveycd'shall termittatc and:br�aottie`.vord. ,iltter saieh ocoutTencc i 6d r shall;d scharge and Isesfy. this Seaunty;lnsfrutrient Borrower shell pay, tiny record atlon costs 1,ender spay'.oh1%c' &-r6w?-9 f&e 4or releasing(hit Security instrument;but ority yf the f rs,.pai to a;tbtrd lrarty for.sc*viccs ienderod and the t kiarging,ot'tfie fee"as permitiM itr:der Appticable Law 2�i." �!alvore; �atrowct tothc catent.perr»ittdd by Apptii;dbie'Law waiv�and tcteases.any errUr'ar dciccts jet prareadin8s to enforee.t}is Sectirtty Irrstruriient,:and hereby waives tlic#scne:it,af sity;.pretit of tuture'laws isravid;ng foi stay of"executitsri, extension of,lme;csternptidn frpm;atfhc'inenti levy:and salcr :and hoinestead citcatlptian:, 25. cin statement Period, Wfrdivte.4 time o,reinstate provided in Section 19 shall extend to one lour prior xo "a t' tnt~rteerstent of bidding at,-4,9heriff s safe or other sale pursuant to this Security [nstnintent, 26. Purchase Money Mortgage ti any of clue debt secured by this Security Instrument is tent to Borrower to acquire title to:the Property ti is:Security Instrument 60,be a purchase money mortgage. 27.Interest Rate A.fteir Judent ©orowecrogrtses that the interest rate payable-after a judgment is entered on the Note or in an actio n gmn of mortgage 6iccttrsure*all Ise-the rate payable from time to time under the Nate. (ft.0 IPA)tososi plot 44:0`1_4, Form 3039 ,tot Ag1iAt?nnci a•aa•na Ana CUMBERLAND COUNTY lnstl 200741398•Page 14 of 18 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: }�:•� ,. _�"- _.:�.��:.�:.�a�� ' '��c . (Seal) Wanda K Naumann, Borrower Michael .E Naumann -Borrower (Seat) w__ (Seal) -Borrower -Borrower (Seal) ».. — (Seal) -Borrower -Bormwer �.� (Seal) __,. . .-__ (Seal) -Borrower •aorrower Cs(PA)oson Pape rfi of is Form 3039 1101 nr rier2nna a•aa•na Ann CUMBERLAND COUNTY Inst.#200741398-Page 15 of 18 COMMONWEALTH OF PENNSYLVANIA, Cumberland County ss: On this,the 26th day of October, 2007 ,before me, the undersigned officer, personally appeared Wanda K Neumann and Michael E Neumann known to me(or satisfactorily proven) to be the person(s) whose name(s)*Ware subscribed to the within instrument and acknowledged that helshe(they executed the sume for the purposes herein contained. IN WITNESS WHEREOF, 1 hereunto set my hand and official seal. My Commission Expires: NOTARIAL SEAL ANGELA F UNGER Notary Public . SOUTHAMPTON TWP, FRANKLIN 0D.UNTY. Title of Officer My Commisslon Expl+*l act 7,2008 Certificate of Resi*mce 1, //e,�dfGt , do hereby certify that the correct address of the within-named Mortgagee is •)C t 4G t/t Ft' (:lAyl �;,�f�:,• �:"l, A-r 4.e:--AC ,'r.c /IF 71/ Witness my hand this 26th day of October, 2007 Agent of MOM94cc WOWS Q�.sfPalrosoal Page!gort6 Form 3039 1101 n5114min9 fl'39•n9 AM CUMBERLAND COUNTY Inst.#200741398-Page 16 of 18 LEGAL DESCRIPTION ALL that certain lot of ground situate in the Borough of Carlisle,Cumberland County, Pennsylvania,bounded and described as follows: BEGINNING at a point on the curb line of South Hanover Street,at carrier of lot,now or formerly of Mrs.Levi.1-1cetzlor;thence Westwardly through the center fine of the partition wall of the house on the lot hereby being conveyed and the house oil the lot now or formerly of the said Mrs. Levi Hertzler,a distance of Two hundred Forty(240)feet,more or less,to the center line of'School Alley;thcrice.Nord),wardly by said center line of said School Alley,a,distance of twenty feet(20);thence Eastwardly by lot of ground now or formerly of W.A. Wetzel,a distance of One Hundred Seventy-nine (179)Jbet Nine(9) inches to a point at the center of the Western entrance to an alley-wq two.(2)feet six(6) inches wide, which said at ley,-way is between flic house on the lot hereby N.-ing conveyed and the house on.the lot, now or formerly of the said W,A. Wet2th,thence Northwardly by said lot now or formerly of the said W.A.Wetzel,one(1)foot six(6)inches to a point in the center if the partition wall between the house hereby being c6rr,,eyed and that now or formerly of the said W.A.Wetzel,thence Eastwardly by the center line of said partition wall,a distance of swty(60)feet,three(3).inches,more or less,to a point on the curb line of said curb line distance of Twenty-one(21) feet six,(6)inches to corner of lot now or formerly of the said Mrs, Levi Heitzler,the place of BEGINNING. BEING improved with a three story-brick dwelling house known as and numbered 428 South Hanover Street,and other improvements. RESERVING,HOWEVER to the owner of the lot of round on the North of the property Herby being:conveyed,his heirs and assigns,the right to the use of the aforesaid alley- way,two(2)feet six(6)inches wide as the same is now constructed and used in common with the Grantorsi lierein,tboir heirs and assigns,as necessary charges and expenses which shall trout time to time accrue in paving,repairing and cleaning the said alley-way to be shared equally by the owners of said adjoining properties,their heirs and assigns. BEING the same premises which Betty A.Brown.sin I le person by deed dated December. ,9 311 200l rand recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed-Book 249,Pago 45234 granted and conveyed unto Michael E.Neumann mid Wanda K.Neumann,husband and wife. n51140FIOR 19'34'04 AM CUMBERLAND COUNTY lnst,#200741398-Page 17 of 18 r { ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY F. 4 I COURTHOUSE SQUARE ",,.. CARLISLE,PA 17013 > . 7]7-240-6370 , i Instrument Number-200741398 Recorded On 10/31/2007 At 1:41:22 PM "Total Pages- 18 *Instrument Type-MORTGAGE Invoice Number-7888 User ID-AF *Mortgagor-NEUMANN,WANDA K *Mortgagee CHASE BANK USA N A *Customer-A&A - *FEES w STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $10.00 JUSTICE DO NOT DETACH RECORDING FEES — $37.50 RECORDER OF DEEDS This page is now part AFFORDABLE HOUSING $11.50 of this legal document. COUNTY ARCHIVES FEE $2.00 is ROD ARCHIVES FEE $3.00 TOTAL PAID $64.50 I Certify this to be recorded in Cumberland County PA H v RECORDER O D ,EDS ..irao "-lnrormation denoted by an asterisk may change during the verification process and may not be reflected on this page. 0008UX 11111111111�1Lilllllllfll n5/1419t109 ii•39•n9 AM CUMBERLAND COUNTY Inst.t1200741398-Page 18 of 18 r 3 PHELAN HALLINAN,LLP BY: JOSEPH P. SCHALK,ESQUIRE ATTORNEY FOR PLAINTIFF Identification No.: 91656 126 Locust Street Harrisburg,PA 17101 .Ted hone: 215 563-7000.Ext. 7365 JP MORGAN CHASE BANK,N.A. COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PENNA. V. Civil Division WANDA K.NEUMANN ANDk MICHAEL E. NEUMANN Defendants No.2010-3849 Civil Term PLAINTIFF'.S,BRIEF IN SUPPORT OF ITS RESPONSE TO DEFENDANTS ' MOTION TO STRIKE AND/OR OPEN.DEFAULT JUDGMENT I. Procedural History On October 26,2007,Wanda K.Neumann and Michael E.Neumann(hereinafter "Defendants"),made.aod delivered a mortgage on the property located at 428 South Hanover Street, Carlisle,PA 17013 (hereinafter"Property),to Chase Bank USA,N.A. (hereinafter "Mortgage'). The Mortgage was assigned to Plaintiff by an Assignment of Mortgage,which is dated June 1,2009,and recorded with the Recorder of Deeds in and for Cumberland County, Pennsylvania,to Instru�)Pni�:Nt 200922476 ' n PHS#206326 w For the Defendants' failure to make payments under the Mortgage, Plaintiff commenced a Mortgage Foreclosure action by filing its Complaint on June 11, 2010. On June 14, 2010, Defendants were personally served with a copy of the Complaint. For failure to Answer or otherwise plead,on July 8,2010,Plaintiff sent to Defendants notice of its intention to enter default judgment. On July 28, 2010, Plaintiff filed its Praecipe for Judgment for Failure to Answer and an in rem judgment was entered in the amount of$138,672.23. Upon entry of judgment in favor of the Plaintiff,a Writ of Execution was filed on August 27, 2010, scheduling the property for Sheriff Sale on December 8,2010. Said Sheriff Sale was postponed pursuant to Pa.R.C.P. 3129.3 to February 2,2011, and eventually April 6,2011. Prior to the April 6,2011 Sale,Plaintiff elected to stay the scheduled Sheriff Sale. On August 31, 2012,Plaintiff filed a second Writ of Execution and scheduled the property for Sheriff Sale on December 5,2012. Sheriff Sale was held on December 5,2012,and Plaintiff was the successful bidder at Sale. On December 3,2012,Defendants filed the instant Motion. Accordingly,Plaintiff now files its Response to the Motion and this Brief in support thereof. II. IDef6n hints' Pq6tion gQ en ,loud in nt.Shou.ld 13e I3eriied With Prejudice. If the petition to open default judgment is not filed within ten(10)days,the petitioning party must prove that it acted promptly, allege a meritorious defense,and explain a reasonable excuse for the delay that brought about the judgment. Wolfskill v. Egan, 504 A.2d 326, 327 (Pa. Super. 1986). Only if those conditions are met can the judgment be properly opened. Id. PHS#206326 A. Defendants Do Not State.a Meritorious Defense Defendants failed to comply with Pa.R.C.P. 237.3,which requires that a proposed Answer to Plaintiff's Complaint setting forth the meritorious defenses be attached to the Petition. Rather, Defendants' Petition alleges a meritorious defense to the Complaint in that Defendant, Michael E.Neumann,did not sign the Note in conjunction with the Mortgage,and therefore,he is not a proper party to the Foreclosure Action. Further,the Defendants allege since Michael Neumann did not sign the Note, his marital interest in the home could not be extinguished by the in rem judgment and any subsequent Sheriff Sale. Defendants' argument ignores the fact that Defendant,Michael E.Neumann,did in fact sign the Mortgage, thus agreeing to imposition of a lien against the property. Pursuant to Pa.R.C.P. 1144, as a Mortgagor, he is a proper party to be named in the Foreclosure Action. Therefore, Defendants have failed to state a meritorious defense to the Complaint in Mortgage Foreclosure filed by the Plaintiff. B. Defendants Did Not Move Promptly to Have the Judament Opened. Default Judgment was entered on July 28,2010. The Defendants,however,did not file their Motion to Open/Strike Judgment until December 3,2012, a date that is over two (2) years after the date of Default Judgment. Therefore,Defendants have failed to meet the requirement of filing a Motion to Open within ten(10)days of the entry of judgment. The Defendants' Petition has not been promptly filed. The Superior Court has previously held that a twenty-one(2 1)day delay is not timely. BCY Inc. Equipment Leasing Associates vs. Bukovich,257 Pa.Super. 121, 390 A.2d,276 (1978), and the Pennsylvania Supreme Court has noted that two and a half weeks was not prompt. McCoy vs. Public Acceptance Corp.,451 Pa. 495, 305 A.2d 698 (1973). Here, Defendants' delay of over two (2)years to file a Petition to PHS#206326 w 4 Open Judgment is not timely or prompt. Therefore,the Defendants have failed to meet the second requirement set forth in Wolfskill for a Motion to Open Judgment. C. The Default is Not Excusable or Explainable Defendants have not provided this Court with an explanation how the default obtained in the instant action is excusable. In fact, the Motion is silent as to any excuse why an answer was not timely filed. Therefore,the Defendants have failed to meet the final requirement of Wolfskill because the entry of the default judgment is not excusable or explainable. Defendants have failed to satisfy any of the prongs required to open the judgment. Additionally,the Defendants have not provided any evidence in support of their allegations. The Defendants' allegations are merely an attempt to forestall the Foreclosure action. III. Def,6jidant-�''Mot on.to-5til ke.I-udginernt Shatild be Denjed 'Vt*1 Pr-eiu& e< A Petition to Strike Judgment is a common law proceeding,which operates as demurrer to the record. Resolution Trust Corp. v. Copley QC-Wayne Associates, 683 A.2d 269 (Pa. 1996). It is improper to consider equities of the matter in ruling on Petition to Strike Judgment. ; Id., at 270. In considering the merits of a Petition to Strike,the Court will be limited to'a review of only the record"as filed by the party in whose favor the warrant is given, i.e.,the Complaint and the documents which contain confession of judgment clauses." Id. at 273. If the record is self-sustaining, the judgment will not be stricken. 1d.. As addressed above,the record is self-sustaining and there are no irregularities appearing on the face of the record to warrant striking the judgment. Defendants were properly served with the Complaint in Mortgage Foreclosure. Further, Plaintiff complied with Pennsylvania Rules of Civil Procedure with respect to service of all papers after original process was served upon the Defendants. PHS#206326 Therefore,this Court should not hesitate to deny Defendants' Motion to Strike Judgment and Complaint for Lack of Subject Matter Jurisdiction because the Court has not been presented with any competent evidence that would support the grant of the extraordinary relief set forth by the Defendants in this case. As Defendants have not presented any law or evidence in support of their Motion and as Defendants' contentions are meritless,the Motion should be denied and dismissed with prejudice. WHEREFORE,Plaintiff respectfully requests that this Honorable Court deny and dismiss the Defendants'Motion to Strike and/or Open Default Judgment with prejudice. Respectfully submitted: PHELAN I A, LIN&N& Scli ICG, LLP Date: °I11 1 BY: Jos ph P _,e,talk, Esquire At" mey for Plaintiff—ID No. 91656 12 Locust Street Harrisburg, PA 17101 Phone(215)563-7000 x 7365 Fax(717) 234-1549 joseph.schalk@phelanhallinan.com PHS#206326 fly? . 2012 p�'e r3 Qh oTAI Cu Ry ��� f l: 32 a �,CQU, Y AN1A PHELAN HALLINAN,LLP BY: JOSEPH P. SCHALK,ESQUIRE Identification No.: 91656 ATTORNEY FOR PLAINTIFF 126 Locust Street Harrisburg,PA 17101 Lele hone: 15 563-7000 EXt: 7365 JP MORGAN CHASE BANK,N.A. Plaintiff COURT OF COMMON PLEAS V. CUMBERLAND COUNTY,PENNA. WANDA K.NEUMANN AND Civil Division MICHAEL E.NEUMANN Defendants No.2010-3849 Civil Term Cl!,R7I:l+tCATION OP_gvEVICI-1 I hereby certify a true and correct copy of the foregoing Response to Defendants 'Motion to Strike and/or Open Default Judgment, Brief in Support thereof, Proposed Order, and attached exhibits were served by regular mail on the date listed below on the following: Wanda K.Neumann,pro se Michael E.Neumann,pro se 428 South Hanover Street Carlisle,PA 17013-3916 Date: BY: � J e h P. chalk, !sclpire tta ley for Plaintiff—ID No. 91.65.6 26 I ocust Street I ri burg,PA 17101, Phone(215)563-7000 x 7365 ` Fax(717)234-1549 '` '� � ose h.schalk � helanhallinan.com PHS#206326 PHELAN HALLINAN, LLP BY: JOSEPH P.SCHALK, ESQUIRE ATTORNEY FOR PLAINTIFF Identification No.: 91656 126 Locust Street Harrisburg, PA 17101 Telephone: 215)563-7000,Ext. JP MORGAN CHASE BANK,N.A., : COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY,PENNA. V. : Civil Division WANDA K.NEUMANN AND : No. 2010-3849-CIVIL TERM MICHAEL.E. NEUMANN, DEFENDANTS . CERTIFICATION OF SERVICE i' I hereby certify that true and correct copies of Plaintiffs Motion.to Schedule Argument on the Pleadings, Brief in Support thereof and Proposed Order were served on the following parties by regular mail sent on the date and to the addresses indicated below: WANDA K.NEUMANN,PRO SE AND MICHAEL E.NUEMANN,PRO SE 428 SOUTH HANOVER STREET CARLISLE,PA 17013-3916 DATE: BY: J (seph . balk, Esquire A y for Plaintiff rq - )> CD - 'r; y ," CD PHS#206326 awl 4- T i HE PRO THONOTAiRY, 2013 JUN 19 PM 344 52 CUMBERLAND COUNTY PENNSYLVANIA JP MORGAN CHASE BANK, NA, 00VW0d*Sf#0 Plaintiff V. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT WANDA K. NEUMANN and 2010-03849 CIVIL TERM MICHAEL E. NEUMANN, Defendants MORTGAGE FORECLOSURE IN RE: PLAINTIFF'S MOTION FOR ARGUMENT ON THE PLEADINGS ORDER OF COURT AND NOW, this I h day of June 2013, upon consideration of Plaintiff's Motion for Argument on the Pleadings, the Prothonotary is ORDERED and DIRECTED to list Defendants' Motion to Strike and/or Open Judgment for the 9 August 2013 Argument Court. DEFENDANTS shall file a brief along with two copies with the Cumberland County Court Administrator and serve a copy of said brief upon Plaintiff by 26 July 2013. The brief shall contain a statement of facts, discussion of the issues, and reference to all authorities relied upon. Thereafter, PLAINTIFF shall file a brief in reply with the Court Administrator and serve a copy of the same upon Defendants by 2 August 2013. The Court Administrator shall routinely list the case for argument but shall consign the case to the panel on which the undersigned is assigned. Any party who fails to file and serve their brief by the dates specified above may be denied the opportunity to present argument. Further, the relief requested by Defendants may be denied solely for failure to file and serve their brief in a timely manner. BY THE COURT, Thomas A. Placey C.P.J. Distribution: --l'oseph P. Schalk, Esq. —'<anda K. Neumann -,-IV richael E. Neumann 6c.c, Court Administrator L4— 04T ,vz Kb4 LL JP MORGAN CHASE BANK, NA, Plaintiff V. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT WANDA K. NEUMANN and 2010-03849 CIVIL TERM MICHAEL E. NEUMANN, Defendants MORTGAGE FORECLOSURE IN RE: DEFENDANT'S MOTION TO STRIKE OR OPEN DEFAULT JUDGMENT BEFORE HESS, P.J. AND PLACEY, J. ORDER OF COURT AND NOW, this 91h day of August 2013, upon consideration of Defendants' motion and the response of Plaintiff, the Motion to Strike or Open Default Judgment is DENIED and DISMISSED WITH PREJUDICE. BY THE COURT Thomas Placey C.P.J. Distribution: W11-'Joseph P. Schalk, Esq. -,,4anda K. Neumann -.4fichael E. Neumann les /Y& C)71 cn SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith .. r¢ n. Chief Deputy -2 fiM Richard W Stewart }� t.;'1 i[7 iiLAi�D C01lji k Solicitor OFFICE OF'HE$'�E`�IFF P E Fl?�S 1'LY,�I�I/� JP Morgan Chase Bank, NA vs. Case Number Michael Edward Neumann (et al.) 2010-3849 SHERIFF'S RETURN OF SERVICE 09/21/2012 07:05 PM -Deputy Tim Black, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 428 S Hanover Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 09/21/2012 07:05 PM -Deputy Tim Black, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be WANDA NEUMANN, WIFE, who accepted as"Adult Person in Charge"for Michael Edward Neumann at 428 S Hanover Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 09/21/2012 07:05 PM - Deputy Tim Black, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Wanda K. Neumann at 428 S Hanover Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 10/05/2012 Received addl copy of Writ, Notice of Sheriffs Sale and Legal Description this date from Atty Schmieg with instructions to deputize for Michael Edward Neuman to Erie County in SCI Albion. cab. 10/05/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Mlchael E. Neuman, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Erie County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 10/23/2012 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of Erie County upon Michael Edward Neumann, personally, at SCI Albion, 10745 Route 18, Albion, PA 16475. So Answers: Judy Tome, Deputy, Sheriff. 12/05/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA on December 5, 2012 at 10.00 a.m. He sold the same for the sum of$1.00 to Attorney Daniel Schmieg on behalf of JP Morgan Chase Bank, N.A., being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $910.16 SO ANSWERS, August 30, 2013 RONtrY R ANDERSON, SHERIFF • ego �d� al. jc;CUUntySuitF Sheriff;Telecsoft,Irc. On September 4, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, known and numbered 428 South Hanover Street, Carlisle, PA 17013 fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 4, 2012 By: �� OU I 9-A Iz Claudia Brewbaker, Real Estate Coordinator 010 :11 d n- d3S zioz CUMBERLAND LAW JOURNAL Writ No. 2010-3849 Civil Term JP Morgan Chase Bank,NA vs. Michael Edward Neumann Wanda K. Neumann Atty.: Daniel G. Schmieg By virtue of a Writ of Execution NO. 10-3849-CIVIL TERM,JP MOR- GAN CHASE BANK,NA vs.WANDA K. NEUMANN,MICHAEL E.NEUMANN, owner(s) of property situate in the BOROUGH OF CARLISLE, Cumber- land County, Pennsylvania, being 428 SOUTH HANOVER STREET., CARLISLE, PA 17013-3916. Parcel No. 04-22-0483-056. Improvements thereon:RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT:$138,672- .23. 70 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 26, November 2 and November 9, 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. L Lisa Marie Coyne, Ehitor SWORN TO AND SUBSCRIBED before me this 9 da y of November, 201 Notary tiiT%;F4 AL SEAL DEBORAH A COLLINS Notary PUbho CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which JP Morgan Chase Bank,N.A. is the grantee the same having been sold to said grantee on the 5th day of December A.D., 2012, under and by virtue of a writ Execution issued on the 31 st day of Ate, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 3849, at the suit of JP Morgan Chase Bank,N.A. against Wanda K. Neumann and Michael E. Neumann is duly recorded as Instrument Number 20132382. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 07 -Xz day of A.D. 0 /3 ecorder of Deeds 4 d dnib r nd Cmr ft Cartbte,PA My E*W 8*Fret Mwxby d Jaa M14 The Patriot-News Go. 2020 Technoiogy Pkwy the a Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the dates) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book°M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s)shown below: 201044 Civil Term 10/26/12 y JP Morgan C s so Bank,NA 11/02/12 11111chael Edward wands Neumann nn 11109112 K. Ally: Daniel G schmleg By virtue of a Writ ofF-x mt3on NO. . . . . . . . . . . . . . . . . . . . 10-3849-CYNIC TERM JP MORGAN CHASE BANK,NA VS. NEUANi Sworn to al�7subscribed befor m t is 19 .,y'of November, 2012 A.D. MICHAEL E.NE U r // r owner(s)of property situate in the �..( `r �/ �{_ ' BOROUGH OF CARLISLE,Cumberland County,Pennsylvania,being Notary Public (Municipality) 428 SOUTH HANOVER STREET., CARLISLE,PA 17013-3916 Parcel No. 04-22-0483-056 9MENTAMOUNT'r street address) COMMONWEp�TH OF PENNSYLVANIA nts thereon:RESIDENTIAL G Notarial Seat $138,672.23 Sherrie L.Owens,Notary Public Lower Pexton Twp.,Dauphin county My cotnntission Expires Nov.26,2015 MEM8 i2 pENNSYLVAN ASS Jt" .lATION OF NOTARIES