The URL can be used to link to this page

Home My WebLink About10-4118Phelan 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 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff V. STEPHANIE VOKES 148 SALEM CHURCH ROAD MECHANICSBURG, PA 17050-2834 Defendant r i it t 7 zoso -JU if 18 A I' 1 13 4 C U i4." -:psi 1 ATTORNEY FOR PLAINTIFF 241085 COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. /0 411j k O V:1 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 0 & r °L-'01 GC'* ?4 5V3 S6 ?-/3 9?'?' File #: 241085 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 #: 241085 1. Plaintiff is CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: STEPHANIE VOKES 148 SALEM CHURCH ROAD MECHANICSBURG, PA 17050-2834 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/17/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR SUNTRUST MORTGAGE, INC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1971, Page 2277. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2010 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 241085 6. The following amounts are due on the mortgage: Principal Balance Interest 01/01/2010 through 05/28/2010 (Per Diem $28.45) Attorney's Fees Cumulative Late Charges 10/17/2006 to 05/28/2010 Costs of Suit and Title Search Subtotal Escrow Credit TOTAL 7. 8. $159,735.11 $4,257.41 $650.00 $919.44 550.00 $166,111.96 129.23 $165,982.73 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 #: 241085 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $165,982.73, together with interest from 05/28/2010 at the rate of $28.45 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 A-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 Attorneys for Plaintiff File #: 241085 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, described in accordance with a survey by G. J. Betz, R.S., dated April 15, 1970, as follows, wit: BEGINNING at a point in the middle of Salem Church Road, which point is at the southwest corner of Lot No. 6, as shown on the hereinafter mentioned Plan of Lots; thence through the center of Salem Church Road, North 02 degrees 54 minutes East, 111.75 feet to a point in the center of Grant Circle, said point also being .50 mile south of the Carlisle Pike; thence through the center of Grant Circle, South 87 degrees 42 minutes East, 195.21 feet to a point on the line dividing Lot No. 5 and 6 extended; thence along the line dividing Lots Nos. 5 and 6 extended, South 02 degrees 18 minutes West, 111.75 feet to a point at land now or formerly of Jacob S. Rupp; thence along the same, North 87 degrees 42 minutes West, 196.38 feet to a point of BEGINNING. HAVING THEREON erected a one-story brick and frame dwelling known and numbered as 148 Salem Church Road, Mechanicsburg, Pennsylvania. BEING the same premises which Virginio Rodriguez (erroneously referred to as Virginio Rodriquez), by Deed dated June 28, 2005 and recorded July 8, 2005 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 269, Page 4130, granted and conveyed unto Virginio Rodriguez, a married man, the Grantor herein. PARCEL# 10-20-1838-025A File #: 241085 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 1 am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. Attorney for Plaintiff /W/10 DATE: 6 File H: 241085 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F,~F~ , ~= Sheriff , at ~u,aLr,r ~ `~ ~ r a,`~ ;%A~`( Jody S Smith Chief Deputy °,~ -~ ~;~~. ~~ ~~ ~ Zaib JU~~ 25 Richard W Stewart ~'~ Solicitor c~FF ~ ``~"` ~-~~'~~ ~_' ~!u~~ CU -C • .~. 4~ _ ~r'~,Cv~ s:,Yt1~~~~~'~. Chase Home Finance LLC Case Number vs. 2010-4118 Stephanie Vokes SHERIFF'S RETURN OF SERVICE 06/23/2010 03:25 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 23, 2010 at 1525 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Stephanie Vokes, by making known unto Tim Vokes, Husband of defendant at 148 Salem Church Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correc py of the same. ' I" N H CLINE, DEPUTY SHERIFF COST: $37.00 June 24, 2010 SO ANSWERS, .. RON R ANDERSON, SHERIFF jci Coin^t, Site 3henfl. TeleosofT. Inc. ,. r'L~~ r. 2010 ,~v'~ -2 'C'~~ 3~ :~~ sjs ~~ 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 CHASE HOME FINANCE LLC Plaintiff vs. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-4118 STEPHANIE VOKES CUMBERLAND COUNTY Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 241.085 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for P~a}n~ _ By: ^ Lawre e .Phelan, sq.; Id. No. 32227 ^ Fran s S. allinan, sq., Id. No. 62695 ^ Daniel G. ' , ,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 Date: 6-30-10 PHS #: 241085 VERIFICATION Beth Cottrell ,hereby states that he/she is Assistant Seg~tary of, CHASE HOME FINANCE LLC, servicing agent for Plaintiff in this matter, 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: ~ ,2 t-( ~ File #: 241085 Name: Beth Cottrell Title: Amory Servicer: CHASE HOME FINANCE LLC Name: VOKES 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 CHASE HOME FINANCE LLC Plaintiff vs. STEPHANIE VOKES Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-4118 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: PHS #: 241085 STEPHANIE VOKES 148 SALEM CHURCH ROAD MECHANICSBURG, PA 17050-2834 Phelan Hallinan & Schmieg, LLP Attorney for P,~l~if , By: ~, ^ Lawr ce .Phelan, sq., Id. No. 32227 ^ Fran is S. allinan sq., ld. No. 62695 ^ Daniel G. g, 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 hrisovalante 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: 6-30-1 PHS #: 241085 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 /Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC vs. STEPHANIE VOKES Attorney for Plaintiff ca -;~ ~ - ,; ~;1 „~ -;-, -d =`'' 3 _-- ~. ~~ ~ C. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-4118 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 STEPHANIE VOKES, 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: ~o?yG~1c28 ~'O~FtCR. I~..~Q~t.~-G/ As set forth in Complaint $165,982.73 Interest - 05/29/2010 to 08/05/2010 TOTAL $1.963.05 $167,945.78 I hereby certify that (1) the Defendant's last known address is 148 SALEM CHURCH ROAD, MECHANICSBURG, PA 17050-2834, and (2) that notice been given in accordance with Rule 237.1, copy attached. Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire / Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ~~~ s ~ ~ ~ ~2~Q n~~ PHS # 241085 PROTHONOTARY Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 "Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC vs. STEPHANIE VOKES Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-4118 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 STEPHANIE VOKES is over 18 years of age and resides at 148 SALEM CHURCH ROAD, MECHANICSBURG, PA 17050-2834. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ U Lawrence?'. 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 ^ Je ' e R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff (Rule of Civil Procedure No. 236) -Revised CHASE HOME FINANCE LLC vs. STEPHANIE VOKES CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-4118 Notice is given that a Judgment in the above captioned matter has been entered against you on By: If you have any questions concerning this matter please contact: ^ 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 ~ Je ' e R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney or Party Filing 1617 JFK Boulevazd, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THATPURPOSE. IF YOUHAVEPREVIOUSLYRECEIVEDA DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** CHASE HOME FINANCE LLC COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff v STEPHANIE VOLES NO. 10-4118 CUMBERLAND COUNTY Defendants} TO: STEPHANIE VOKES 148 SALEM CHURCH ROAD MECHANICSBURG, PA 17050-2834 DATE OF NOTICE: July 14, 2010 :.~ ~ ~~ „~ THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A I-TEARING 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 # 241085 Office of the Prothonotary Cumberland County Courthouse ' 1 Courthouse Square_ Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Lawrenc helan, Esq., d. No. 32227 Franci . H Ilinan, Esq., d. No. 62695 Dani G. Sc ieg, Es , Id. No. 62205 Michele M. B sq., 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 Ja' a McGuinness, Esq., Id. No. 90134 ~sovalante 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 # 241085 ,a- ' PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CHASE HOME FINANCE LLC Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION v STEPHANIE VOKES Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 08/06/2010 to Date of Sale ($27.61 per diem) TOTAL ~ O d'~. oo P o toTr`/ $7. oo CBF ~a.oo " i~•00 " a. so •' ~ 1~4.~ - Po r+r~ ~a ~ 00 ~t~ ' 50 l-l. Note: Please attach description of property. PHS # 241085 ~~' 1~0817~F e~-a~89a8 NO. 10-4118 CUMBERLAND COUNTY c-~ ~ ...a ~, o ~ .~ ~ ~„ -~ r ~ 167,945.78 ~ ~ ~ ~ o mac., .,~„ ~ -'~ 5 770.49 "='c~ .e:rv. c~ ~°. w, _.... ;:' ,~ r~ ~rn ~ ~.r,~ ~ $173.716.27 _..~~ orney for Plaintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ 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 RE t,t~rit ~sS~uQ~ v ,ti M d ~ N y O ~ A "' ~ Qo ~ ~ Q w a ~~~ o. ~" O a`i WUU ~ zwz ~~~ ~~~ ~"~~ o~ ~a a~ a oa ~H 0 O ~~ O~ UW ~~ ~1 U U a W U w W ~.r '~ ~ '~ W p" ti O a~i a~ aA H 0 U w~ O ~ W O~ W ~ U w ~~ ~~~~~~ N~l1Y1o0 ~ .--~ mM OHO ~.,~NN~~ ~MN P~~O~pO~ NN O ~ o oZv'zo~o~Nv~`i`D ~ c~ o cz av~b~ZbzzZo~`OOZb~wbb Q, ' W h y ~ W a. a. W W W~ ~ W W'b W . y" C h'b ti .~ W a: rig ~ ~ a°Ai `o c ~ W W ~ y k. ~ ~ ~ ~ N .~ ~ ~ as ~~~~,y_.~n~ od a g J~`i'~~dAd'? ova ~ ~~ ~aCJ ~ ~ ... ;,~wA~.-,rn•-,a>tia¢•-•U U4 a ^C]~~~C~OO~~CIC~C7^ Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC Plaintiff v. STEPHANIE VOKES Defendant(s) if1 1 iii ~i~~ : 9 ai .x.,-/ Attorneys for Plaintiff ,~ t~ { s~P 2 .; ~ . PENN: .:~ .::. . COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 10-4118 CUMBERLAND COUNTY CERTIFICATION ~~ rn --~ ~r ~~ ~ ~s~, The undersigned attorney hereby states that he/she is the attorney for the Plaintiff~e i~'ve~a~tioned matter and that the premises are not subject to the provisions of Act 91 because: ~v x„ ~~ ~~ ~~ ~ ~~ ~ ( ) the mortgage is an FHA Mortgage c ~~ ~ •- a rn --; ( ) the premises is non-owner occupied "' -..~ `~ ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: ~~--~ Atto f laintiff 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 shua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 .- CHASE HOME FINANCE LLC Plaintiff v. STEPHANIE VOKES Defendant(s) ,~ TNE~PR~l7MQPd TARS ZOfO SEP 29 Af~f f f ~ ~3` ~ur~f3~RZANO cou~r~: ~ENNSYl.VAt~tA COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-4118 CUMBERLAND COUNTY PHS # 241085 AFFIDAVIT PURSUANT TO RULE 3129.1 CHASE HOME FINANCE LLC, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 148 SALEM CHURCH ROAD, MECHANICSBURG, PA 17050-2834. Name and address of Owner(s) or reputed Owner(s): Name STEPHANIE VOKES 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 148 SALEM CHURCH ROAD MECHANICSBURG, PA 17050-2834 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 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 148 SALEM CHURCH ROAD MECHANICSBURG, PA 17050-2834 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. September 24, 2010 13y: ~~~~ Attorney for Plaintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 oshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 CHASE HOME FINANCE LLC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. STEPHANIE VOKES NO.10-4118 CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: STEPHANIE VOKES 148 SALEM CHURCH ROAD MECHANICSBURG, PA 17050-2834 **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 148 SALEM CHURCH ROAD, MECHANICSBURG, PA 17050-2834 is scheduled to be sold at the Sheriff s Sale on 03/02/2011 at 10:00 AM in the Cumberland County;~oy„r hoase, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $167,945.78 obtaine~y ~IA~ Q merl HOME FINANCE LLC (the mortgagee} against you. In the event the sale is continued, an acmnca be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. ~ ~ -~~ ~~' ~ °~ NOTICE OF OWNER'S RIGHTS ~~ ~° 3 ~~ YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE ~~ r ~~ ,~ ~ 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 1. LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, described in accordance with a survey by G. J. Betz, R.S., dated April 15, 1970, as follows, wit: BEGINNING at a point in the. middle of Salem Church Road, which point is at the southwest corner of Lot No. 6, as shown on the hereinafter mentioned Plan of Lots; thence through the center of Salem Church Road, North 02 degrees 54 minutes East, 111.75 feet to a point in the center of Grant Circle, said point also being .50 mile south of the Carlisle Pike; thence through the center of Grant Circle, South 87 degrees 42 minutes East, 195.21 feet to a point on the line dividing Lot No. 5 and 6 extended; thence along the line dividing Lots Nos. 5 and 6 extended, South 02 degrees 18 minutes West, 111.75 feet to a point at land now or formerly of Jacob S. Rupp; thence along the same, North 87 degrees 42 minutes West, 196.38 feet to a point of BEGINNING. HAVING THEREON erected aone-story brick and frame dwelling known and numbered as 148 Salem Church Road, Mechanicsburg, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Stephanie Vokes, a single person, by Deed from Virginio Rodriguez, a single person, dated 10/16/2006, recorded 11/01/2006 in Book 277, Page 1988. PREMISES BEING: 148 SALEM CHURCH ROAD, MECHANICSBURG, PA 17050-2834 PARCEL NO.10-20-1838-02SA WRIT OF EXEC~JTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-4118 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE LLC, Plaintiff (s) From STEPHANIE VOKES (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 $167,945.78 L.L.$.50 Interest from 8!6!10 to Date of Sale ($27.61 per diem) -- $5,770.49 Atty's Comm % Due Prothy $2.00 Atty Paid $169.50 Other Costs Plaintiff Paid Date: 9/29/10 ~ ~ 3~~1Z~ David D. B ell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: COURTENAY R. DUNN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 206779 AFFIDAVIT OF SERVICE (FNMA) S PLAINTIFF CUMBERLAND COUNTY CHASE HOME FINANCE LLC PHS # 241085 C-) n.y r C r?1 n DEFENDANT SERVICE TEAM/ kxc 4118 RT NO 10 O z c ---f STEPHANIE VOKES .: - COU Zrn r " SERVE STEPHANIE VOKES AT: TYPE OF ACTION ' En f O 148 SALEM CHURCH ROAD s Sale XX Notice of Sheriff cn MECHANICSBURG, PA 17050-2834 SALE DATE: 03/0212011 <p O a SERVED 5,? A Served and made known to STEPHANIE VOKES , Defendant on the 17:?ay of 6 V1YA$E9 20 Lg-,€at face q-1-I , o'clock A . M., at I45S ??6iAf 44.40 4 ?D , in the manner described below: -"`l t V Defendant personally served. 16e aMN I Gs g PA - Adult family member with whom Defendant(s) reside(s). I, 11ZOIAl " MOLL- , a competent adult, being duly sworn according to law, depose and state that I personally Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _ Other: Description: Age 36-' Height 5 `L Weight 125 Race 'W Sex P Other handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed KIMBERLY CURTY before me this I* day NOTARY PUBLIC of Nd J , 20L6a STATE OF NEW JERSEY Notary: By: MY COMMISSION EXPIRES MARCH 1,1013 NOT SERVED On t o 20_, at o'clock _. M., Defendant NOT FOUND because: _ Does Not Exist - Moved - Does Not Reside (Not Vacant) No Answer on at Service Refused Other: Sworn to and subscribed before me this day of By: Notary: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq, Id. No. 32227 Francis S. HalWtan, Esq, Id. No. 62695 Daniel G. Scbmie& 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 Janine 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. Makaby, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovshmte P. niakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courteney R. Dunn, Esq., Id. No. 206779 Andrew C. Biamblett, Fsq.. Id. No. 208375 One Penn Center at SubV-ban Station 1617 John F. Kennedy Blvd, Suite 1400 Philadelphia, PA 19103-1814 (215)563.7000 r 1' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC Plaintiff, V. STEPHANIE VOKES Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 10-4118 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY 1 SS: c::a 6 t'J As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, sSf applicable. A copy of the Certificate of Mai ' g 3Receipt stamped by the U.S. Postal Service is h Date: '31i U Lawrence T. Phelan, Esq., Id. No. 227 ? Francis S. Hallinan, Esq., Id o. 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 ? me 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 ? Allison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff 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 Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 241085 r, I i i 1 1 1 1 1 1 F a a_$ 5T a a=°?a 1h N b zao SO L 6 l 3000 AZ woad a3llVW vd3s o O ssztMVU 0 ,. z zo $ OOV w . ANUM MMMMEM, 20W r t? a E ?? y g h3 9 sa is .44 N ?.? w o w° '? w?° po : Y. > ~ s e? y y M d w a o ? O , T PC I F ? SA O A ' 0 Q PC w U w ri) w M w ? t? w O « P d i? U .a O . O a oNa a? ?A ' a L r1 ? ?r ea . IN ' s w .?D U O a ~ N M v I n ? r oo o, ? ? ? fn %n IV w Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ill?xl 01 r11#4 ILED-OF FiCE HE Rr3CTHONOTAF? y X011 JUL -5 QN 8: 37 CUMBERLAND COUNTY PENNSYLVANIA, Chase Home Financ? LLC vs Case Number . Stephanie Vokes 2010-4118 SHERIFF'S RETURN OF SERVICE 01/07/2011 04:30 PI a true cc property 01114/2011 03:39 PI Notice a persona Stephan Cumberl 02/25/2011 As direr 05/04/2011 As direr 07/01/2011 Ronny F per letter SHERIFF'S OFFICE OF CUMBERLAND COUNTY 9 - Deputy Tim Black, being duly sworn according to law, states service was performed by posting py of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the located at 148 Salem Church Road, Mechanicsburg, PA 17050, Cumberland County. I - Deputy Dennis Fry, being duly sworn according to law, served the requested Real Estate Writ, id Description, in the above titled action, by making known its contents and at the same time y handing a true copy to a person representing themselves to be the Defendant, to wit: e Vokes at 148 Salem Church Road, Hampden Township, Mechanicsburg, PA 17050, and County. ed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 5/4/2011 ed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/6/2011 Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", of instruction from Attorney. SHERIFF COST: $65$.88 July 01, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF I Ili i-:`,SJ 2 ?.•''7. I ..v'i. Ise. CHASE (HOME FINANCE LLC Plaintiff v. STEPHANIE VOKES Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-4118 CUMBERLAND COUNTY PHS # 241085 AFFIDAVIT PURSUANT TO RULE 3129.1 CHASE HOME FINANCE LLC, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution as filed, the following information concerning the real property located at 148 SALEM CHURCH ROAD, MECHANICSBURG, P 17050-2834. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) STEPHANIE 4KES 148 SALEM CHURCH ROAD MECHANICSBURG, PA 17050-2834 2. Name and addres? of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABO' E 3. Name and last kn?wn 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 addres? of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and addres.l 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. R r 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) TENANVOCCI'UPANT 148 SALEM CHURCH ROAD MECHANICSBURG, PA 17050-2834 Domestic Relati ns of 13 North Hanover Street Cumberland Co pity Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department of W elfare Harrisburg, PA 17105 Internal Revenu Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice Federal Building, P.O. Box 11754 U.S. Attorney fo r the Middle District of PA 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 inform ion and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. September 24, 2010 By: , a7' ?7' "/r Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 oshua I. Goldman, Esq., Id. No. 205047 C A ourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-4118 CHASE HOME FINANCE LLC VS. VOKES owner(s) of Oroperty situate in the TOWNSHIP OF HAMPDEN, Cumberland County, Pennsylvani , being (Municipality) 1 No. (Acreage or street address) thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $167,945.78 Phelan Hallina & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, P 19103 215-563-7000 PA 1 LEGAL DESCRIPTION ALL THAT C RTAIN lot or tract of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, described in accordance with a survey by G. J. Betz, R.S., dated April 15, 1970, as follows, wit: BEGINNING t a point in the middle of Salem Church Road, which point is at the southwest corner of Lot No. 6, as shown on the hereinafter mentioned Plan of Lots; thence through the center of Sale Church Road, North 02 degrees 54 minutes East, 111.75 feet to a point in the center of Gran Circle, said point also being .50 mile south of the Carlisle Pike; thence through the center of rant Circle, South 87 degrees 42 minutes East, 195.21 feet to a point on the line dividing Lot No. 5 and 6 extended; thence along the line dividing Lots Nos. 5 and 6 extended, South 02 degrees 18 minutes West, 111.75 feet to a point at land now or formerly of Jacob S. Rupp; thence long the same, North 87 degrees 42 minutes West, 196.38 feet to a point of BEGINNING.i HAVING TH?REON erected a one-story brick and frame dwelling known and numbered as 148 Salem Church Road, Mechanicsburg, Pennsylvania. 1TYLE TO SAID PREMISES IS VESTED IN Stephanie Vokes, a single person, by Deed from Virginio Rodriguez, a single person, dated 10/16/2006, recorded 11/01/2006 in Book 277, Page 1988. PREMISES BE?NG: 148 SALEM CHURCH ROAD, MECHANICSBURG, PA 17050-2834 PARCEL NO. 10-20-1838-025A PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMO WEALTH OF PENNSYLVANIA ss. COUNTY F CUMBERLAND : Lis 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 1 gal 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 f r 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: January 28, February 4, and February 11, 2011 Affi nt 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. q is arie Coyne, Edit SWORN TO AND SUBSCRIBED before me this 11 da of Februar 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 12010-4118 Civil Chase H me Finance LLC VS. Stephanie Vokes Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 10-4118, CHASE HOME FI- NANCE LLC v . STEPHANIE VOKES, owner(s) of p operty situate in the TOWNSHIP F HAMPDEN, Cum- berland Cou ty, Pennsylvania, be- ing 148 SAL 1M CHURCH ROAD, MECHANICS URG, PA 17050-2834. Parcel No. 10-20-1838-025A. Improvem is thereon: RESIDEN- TIAL DWELLING. .78 JUDGME AMOUNT: $167,945- 62 --)e Ratriot-P Jews Co. .2020 '!"echnotagy Pkwy Suite Soo Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Holly Blain, being !duly sworn according to law, deposes and says: That she is a Stai Commonwealth of Penns, Township of Hampden, C Patriot-News newspapers aforesaid; that The Patriol respectively, and all have That the printed n daily and/or Sunday/ Corn Company is interested in i to the time, place and cha That she has perE behalf of The Patriot-New. stockholders and board of in and for said County of [ Accountant of The Patriot News Co., a corporation organized and existing under the laws of the vania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the unty of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday A general circulation, printed and published at 1900 Patriot Drive, in the City, County and State News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, een continuously published ever since; tice or publication which is securely attached hereto is exactly as printed and published in their regular !unity Weekly editions which appeared on the date(s) indicated below. That neither she nor said ie subject matter of said printed notice or advertising, and that all of the allegations of this statement as 3cter of publication are true; and mal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the lirectors of the said Company and subsequently duly recorded in the office for the Recording of Deeds 3uphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY 2910+1110 C chow"! P Ks By virtu: ofa Writ of E>acation N .10-4118 CHASE HOME FINANCE vs. LLG STEPHANIE VOICES oa'net(s) of grope is the TOWNSHIP O. EN, Cunberla nd County, FeWqMm being unk 11448 SALEII4) CHURCH ROAD, MECHANICSBUR G, PA 17050 2834 Parcel No 1tl 2083SOZSA (Acreage or Street aui) Improved thereon: RM)ENTIAL DWE11ING JLWMENTAMOUW. $167, 5.78 This ad ran on the date(s) shown below: 1/28/11 E! ?e;?ahtot-'News Now you know L; 0. . . . Sworn to ar-idsul6scribed befo Notary Publi of February, 2011 A. D. CONIMONiii OF PENNSYLVANIA FNotarial Seal Sherrie L KWw, Notary Public Co7 m Lower Paxton Twp., Dauphin County t?lnn EWres Nov. 26, 2011 Rkss -"74 Vcn of Notaries 2/4/11 2/11/11 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 ')1G 441 _7AM Attorney For Plaintiff - 3 tv CHASE HOME FINANCE LLC Court of Common Please M Plaintiff . Vs ? M Civil Division =;0 D r_ y STEPHANIE VOKES Cumberland County y<,? XMI Defendant(s) o . No. 10-4118 PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P., 2352 TO THE PROTHONOTARY: Kindly substitute JIMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M to CHASE HOME FINANCE LLC as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE LLC the current Plaintiff in the foreclosure action by virtue of a corporate merger, whereby CHASE HOME FINANCE LLC is now JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE LLC Kindly amend the information on the docket accordingly. Date: CIE AN HA LINAN & SCHMIEG, LLP l l ?l l (- B ?' BY: Lawrence T. Phelan, Esq., o. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Attorneys for Plaintiff PHS # 241085 CQ.I? A- ST. to Pd 91? ct.i 11WV 4 Phelan Hallman & 5chmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Attorney For Plaintiff 215-563-7000 CHASE HOME FINANCE LLC Plaintiff Vs STEPHANIE VOKES Defendant(s) : I Court of Common Pleas -0 Civil Division • 20 Cumberland County y No. 10-4118 PRAECIPE 'TO MARK JUDGMENT TO USE PLAINTIFF ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please mark the judgment in the above-captioned matter to the use of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M to CHASE HOME FINANCE LLC located at 10790 Rancho Bernardo Road, San Diego, CA 92127. Date: P N 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308 Attorneys for Plaintiff v ?. CD PHS # 241085 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M to CHASE HOME FINANCE LLC. Date: HE N HA INAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., I No. 32227 Francis S. Hallinan, Esq., Id. .62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 3089 Attorneys for Plaintiff PHS # 241085 PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 CHASE HOME FINANCE LLC Plaintiff VS STEPHANIE VOKES Defendant(s) ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 10-4118 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe to mark judgment to JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M to CHASE HOME FINANCE LLC and substitution of party plaintiff was served by regular mail to the person(s) on the date listed below: STEPHANIE VOKES 148 SALEM CHURCH ROAD, MECHANICSBURG, PA 17050-2834 Date: By: 4Lawrence L , Es , Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308 Attorney for Plaintiff PHS # 241085 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC Plaintiff V. STEPHANIE VOKES Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 08/06/2010 to Date of Sale ($27.61 per diem) TOTAL Note: Please attach description of property. PHS # 241085 Ug. 6'o pA ATT-1 37, 00 CBF ?` . g8 u 9a. 00 !y . oo a4. oo .. 8.0040 ?59 38 - PO AITY a a.5 Om a 50 Li- C* 119 a (,0.3(,o P-E 04 a COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-4118 CUMBERLAND COUNTY $167,945.78 C ,, -., $21 038 82 , . $188,984.60 _ {- _ Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 ney for Plaintiff U a a w U z z H ?T I j t. N ???II O < O z x cd a. U U coo w ? 3 z z ¢w¢ 00 W z 0 H d U O 0-4 O> O F' az d U 00 z z o O a x W ? a, z G4 q O a v O Z pq c F" .41 U? O O W vJ c sw G U)' x o? a? F Y U t+. °? ?cz w > r? p., w a ¢ PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC Plaintiff V. STEPHANIE VOKES Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-4118 CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: P elan Hallinan & Schmieg, LLP ohn Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff rrrr, ? N :=M '!]. .. 1 y d yu,? N JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC Plaintiff V. STEPHANIE VOKES Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-4118 CUMBERLAND COUNTY PHS # 241085 AFFIDAVIT PURSUANT TO RULE 3129.1 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 148 SALEM CHURCH ROAD, MECHANICSBURG, PA 17050-2834. 2. 3 Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably C = ascertained, please so indicate) r'''te c Tn"I M STEPHANIE VOKES 148 SALEM CHURCH ROAD MECHANICSBURG, PA 17050-2834 _" Name and address of Defendant(s) in the judgment: , Name Address (if address cannot be reasonably ascertained, please so indicate) -' SAME AS ABOVE Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) 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. s • Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Federal Building 148 SALEM CHURCH ROAD MECHANICSBURG, PA 17050-2834 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: $ /L By: an Hallinan & Schmieg, LLP ohn Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, COURT OF COMMON PLEAS S/B/M TO CHASE HOME FINANCE, LLC CIVIL DIVISION Plaintiff : NO.: 10-4118 VS. STEPHANIE VOKES CUMBERLAND, CO-UNTY Defendant(s) S'l Cti1 C p._... `ate NOTICE OF SHERIFF'S SALE OF REAL PROPERTY '.' TO: STEPHANIE VOKES c: - 148 SALEM CHURCH ROAD MECHANICSBURG, PA 17050-2834 **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 148 SALEM CHURCH ROAD, MECHANICSBURG, PA 17050-2834 is scheduled to be sold at the Sheriff's Sale on 09/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of 5167,945.78 obtained by JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, described in accordance with a survey by G. J. Betz, R.S., dated April 15, 1970, as follows, wit: BEGINNING at a point in the middle of Salem Church Road, which point is at the southwest corner of Lot No. 6, as shown on the hereinafter mentioned Plan of Lots; thence through the center of Salem Church Road, North 02 degrees 54 minutes East, 111.75 feet to a point in the center of Grant Circle, said point also being .50 mile south of the Carlisle Pike; thence through the center of Grant Circle, South 87 degrees 42 minutes East, 195.21 feet to a point on the line dividing Lot No. 5 and 6 extended; thence along the line dividing Lots Nos. 5 and 6 extended, South 02 degrees 18 minutes West, 111.75 feet to a point at land now or formerly of Jacob S. Rupp; thence along the same, North 87 degrees 42 minutes West, 196.38 feet to a point of BEGINNING. TITLE TO SAID PREMISES VESTED IN Stephanie Vokes, a single person, by Deed from Virginio Rodriguez, a single person, dated 10/16/2006, recorded 11/01/2006 in Book 277, Page 1988. PREMISES BEING: 148 SALEM CHURCH ROAD, MECHANICSBURG, PA 17050-2834 PARCEL NO. 10-20-1838-025A r SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-4118 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC vs. STEPHANIE VOKES owner(s) of property situate in the TOWNSHIP OF HAMPDEN, Cumberland County, Pennsylvania, being (Municipality) 148 SALEM CHURCH ROAD, MECHANICSBURG, PA 17050-2834 Parcel No. 10-20-1838-025A (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $167,945.78 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 10-4118 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, s/b/m to CHASE HOME FINANCE, LLC, Plaintiff (s) From STEPHANIE VOKES (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: $167,945.78 L.L.: $.50 Interest from 8/06/10 to Date of Sale ($27.61 per diem) -- $ 2.1, 638, 8z Atty's Comm: % Due Prothy: $2.25 Atty Paid: $859.38 Other Costs: Plaintiff Paid: Date: 6/1/2012 lz?) ?SA David D. Buell, Prothonota (Seal) Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD, SUITE 1400 PHILADELPHIA. PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 T , - HE RO TN Na T 2 JU? -? AM 9: 38, Ct1MBERLAND COUNTY PENNSYLYAtp,' Phelan Hallinan & Schmieg, LLP Courtenay R. Dunn, Esq., Id. No.206779 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ATTORNEY FOR PLAINTIFF JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC Plaintiff V. STEPHANIE VOKES Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 10-4118 PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on June 18, 2010. 2. Judgment was entered on August 9, 2010 in the amount of $167,945.78. 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 241 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 September 5, 2012. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through September 5, 2012 Per Diem $28.37 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium/ Private Mortgage Insurance Escrow Deficit $159,735.11 $27,857.69 $919.44 $1,300.00 $734.00 $655.88 $154.00 $400.00 $610.00 $1,655.08 $5,171.12 TOTAL $199,192.32 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 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 its proposed Motion to Reassess Damages and Order to the Defendant on June 29, 2012 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant 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". 2410 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: _ -7 ?Wr-e By: -- Courtenay R. Dunn, Esquire ATTORNEY FOR PLAINTIFF 241 085 Phelan Hallinan & Schmieg, LLP Courtenay R. Dunn, Esq., Id. No.206779 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC Plaintiff V. STEPHANIE VOKES Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-4118 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE STEPHANIE VOKES executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 148 SALEM CHURCH ROAD, MECHANICSBURG, PA 17050-2834. The Mortgage 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, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 241 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premium, costs of collection, and other expenses which Plaintiff has been obligated to pay under the in order to protect its interests. It is also appropriate to give Defendant credit for monthly tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. 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 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 2410 without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule 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 adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of pri and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to 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). Pennsy Rule of Civil Procedure 1141(a). 241 However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the 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 pri 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 Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not 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. VI. ATTORNEY'S FEES 2410 The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff s recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Real , 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred ii 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. 2410 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 j 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. i The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 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 241085 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. j 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 i; 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. 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 241085 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 with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: By: Courtenay R. Dunn, Esquire Attorney for Plaintiff 24108 Exhibit "A" Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Attorney for Plaintiff F S H rands . alluian, 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. 20677. Andrew C. BramblettE Id. No. 2083'75 i 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC : CUMBLAND COUNTY VS. COURT OkCOMMON PLEAS STEPHANIE VOKES : CIVIL DIVISION : No. 10-4118 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 STEPHANIE VOKES Defendant(s) for failure to €rIo,,an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure ?le of the mortgaged premises, and assess Plaintiff's damages as follows: } (, 105 As set forth in Complaint $165,982.73 Interest - 05/29/2010 to 08/05/2010 TOTAL 1963.05 $167,945.78 I hereby certify that (1) the Defendant's last known address is 148 SALEM CHURCH ROAD, MECHANICSBURG, PA 17050-2834, and (2) that notice-has been given in accordance with Rule 237. 1, copy attached. 'A T. Phelan, Esquire Francis.S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire / Vivek Srivastava, Esquire Jay B_ Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: T?;Iq f `n Oro PHS # 241085 PROTHONOTARY a? y/ o? Exhibit "B" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey June 29, 2012 STEPHANIE VOKES 148 SALEM CHURCH ROAD MECHANICSBURG, PA 17050-2834 RE: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC v. STEPHANIE VOKES Premises Address: 148 SALEM CHURCH ROAD MECHANICSBURG, PA 17050 CUMBERLAND County CCP, No. 10-4118 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by July 5, 2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yo C ay . Dunn, Csqu re ?. Attorney for Plaintiff Enclosure 241085 =ravoi o6g o , 4n 8 ?V w a, p 3$0 .r a N O ? a d o u ° Vi eq a to cl, PC ?°? ? Ooh ?a a add -- ? ov??WUVO X > O ??v?w w w °a o ? Z* d ? a ?J? o ? tr) 00 O N Phelan Hallinan & Schmieg, LLP Courtenay R. Dunn, Esq., Id. No.206779 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC Plaintiff V. STEPHANIE VOKES Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-4118 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. STEPHANIE VOKES 148 SALEM CHURCH ROAD MECHANICSBURG, PA 17050-2834 Phelan Hallinan & Schmieg, LLP B Courtenay R. Dunn, Esquire ATTORNEY FOR PLAINTIFF DATE: _ 7-7?0/;1- 24108 THE PROT {C+'1u "% i LM JUL 12 AX 8. CUMBERLAND CCU' 'Tw * 1i PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL Court of Common Pleas ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC Civil Division Plaintiff CUMBERLAND County V. No.: 10-4118 STEPHANIE VOKES Defendant ?jRULE AND NOW, this day of 2012, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY COURT J. 241085 Courtenay R. Dunn, Esq., Id. No.206779 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 ,/ STEPHANIE VOKES 148 SALEM CHURCH ROAD MECHANICSBURG, PA 17050-2834 Copies 94a., /el 71 ! X/';? 241085 et 241085 TH P UTNI> 1? ?1r??? Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 2012 JUL 20 AM 11 * C 6 CLJ RKgS i VANIQ r JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC Plaintiff vs. STEPHANIE VOKES Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-4118 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 12, 2012 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. STEPHANIE VOKES 148 SALEM CHURCH ROAD MECHANICSBURG, PA 17050-2834 DATE: 7;9A?6, Phelan H Schmieg, LLP Allison F. Wells, Esquire Attorney for Plaintiff 241 0! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC Plaintiff VS. STEPHANIE VOKES Defendant CIVIL DIVISION NO. 10-4118 3 M rA x> n ? =CD N C..a ORDER -? ? AND NOW, this day of 2012, after consideration of Plaintiff s Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant STEPHANIE VOKE9by: E. f y v REGULAR MAIL TO, STEPHANIE VOKES at, 148 SALEM CHURCH ROAD, MECHANICSBURG, PA 17050-2834 v CERTIFIED MAIL TO, STEPHANIE VOKES at, 148 SALEM CHURCH ROAD, MECHANICSBURG, PA 17050-2834 POSTING 148 SALEM CHURCH ROAD, MECHANICSBURG, PA / 17050-2834 V/ PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). • • BY M7OUR T PHS # 241085 ACC PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 STEPHANIE VOKES 148 SALEM CHURCH ROAD, MECHANICSBURG, PA 17050-2834 &fy ma-led iiOtb . ,per'' Fi1_CD-OFFICE C i HEE rROTHONOTARY 2012 AUG -8 AM 10: 23 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County vs. No.: 10-4118 STEPHANIE VOKES Defendant MOTION TO MAKE RULE ABSOLUTE JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers follows: 1. A Motion to Reassess Damages was filed with the Court on July 9, 2012. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a of its proposed Motion to Reassess Damages and Order to the Defendant on June 29, 2012 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 241 A Rule was issued by the Honorable Christylee L. Peck on or about July 11, 201 directing the Defendant to show cause by July 31, 2012 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on July 19, 2012 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of July 31, 2012. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: Phe tiiinan & ieg, UP By: Allison F. Wells, Esquire Attorney for Plaintiff 241 Exhibit "A" 2410 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey June 29, 2012 STEPHANIE VOKES 148 SALEM CHURCH ROAD MECHANICSBURG, PA 17050-2834 RE: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC v. STEPHANIE VOKES Premises Address: 148 SALEM CHURCH ROAD MECHANICSBURG, PA 17050 CUMBERLAND County CCP, No. 10-4118 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by July 5, 2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yotjY.s.- 4.;i?tutel?<ty Attorney for Plaintiff Enclosure 241085 ?o zdo I' ;r J? vj ,3 r K? 110 lc? 0 V) a d' N Exhibit "B" 241085 ! '(', 2 .. "1' I THE COUR'(' OF COMMON PLEAS OF CUMBERT., AND COUNTY P NNSY1,VAN[ Y JPMORGAN CHASE BANK, NATIONAL, Ccurt of Common Pleas ASSOCIATION, S(BIM !'O CHASE HOME FINANCE, LI,C Civil Division Plaintiff CUMBERLAND County 'a . No.: 10-4118 STEPIIANIE YOKES Defendant RUIX AND NOW, this_i..__.Z/day of C? __ 2012, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is -filed with the Court,, Plaintiff may file a Motion to Make Rule Absolute and no !hearing will be schedulul on this matter, BY THE COURT 24 1055 Exhibit "C" 24108 Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC Plaintiff vs. STEPHANIE VOKES Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-4118 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 12, 2012 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. STEPHANIE VOKES 148 SALEM. CHURCH ROAD MECHANICSBURG, PA 17050-2834 Phelan I fallina chnfieg, LLP DATE Allison F. Wells, Esquire Attorney for Plaintiff 241085 Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC Plaintiff VS. STEPHANIE VOKES Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-4118 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion to Make Rule was served upon the following individual on the date indicated below. STEPHANIE VOKES 148 SALEM CHURCH ROAD MECHANICSBURG, PA 17050-2834 DATE: 2--? Phela nan & ieg, LLP By: Allison F. Wells, Esquire Attorney for Plaintiff 241085 f~l IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC Plaintiff vs. STEPHANIE VOKES Defendant Court of Common Pleas Civil Division c CUMBERLAND Cot ~'' ~~e No.: 10-4118 .,"',~ ~~ ~ ~.. -~ ~=` r-:k ..~ c_ -~ -~,, f 4:: , r„T :~ ~ w x*~ c,~:5 ~- _ i, ~, / , ~, ~- ~. , ~.~~} <~ `~? ---~ ~_ ._ ~ .,.,; c :a r-: ~~~ ORDER AND NOW, this ~~ day of ~gtti~ ~ , 2012, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby/ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: $159,735.11 Principal Balance 857.69 $27 Interest Through September 5, 2012 , Per Diem $28.37 $919.44 Late Charges $1,300.00 Legal fees $734.00 Cost of Suit and Title $655.88 Sheriff s Sale Costs $154.00 Property Inspections $400.00 Property Preservation $610.00 Appraisal/Brokers Price Opinion mium/ Private Mortgage Insurance P 671.0 $5 re Mortgage Insurance ' Escrow Deficit TOTAL $199,192.32 Plus interest from September 5, 2012 through the date of sale at six percent per annum. Note: figure. The above figure is not a payoff quote. Sheriff s commission is not included in the above `~-S~p~aK. ~ Ud~s `~~`_~ic'r:-~' j ~~ ~ BY THE COURT: J. 241085 PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ~'11..E.fl-fl~~=lCc ~;~° ~~~E ~RflTt~#aNflTAR`f 20{2 AIIG { 6 ar{ {~~ 39 Attorne for Plaintiff CiIM~ERLAND CpU~iTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL CUMBERLAND COUNTY ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC COURT OF COMMON PLEAS Plaintiff, . CIVIL DIVISION v. STEPHANIE VOKES Defendant(s) No.: 10-4118 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienl~olders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) qn 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 Maid Return Receipt stamped by the U.S. Postal Service is attache±~'>i~eto Exhibit "A". Date: f! ls~'L Michael Kolesnik, Esquire nev for Plaintiff IlVIPORTANT NOTICE: This property is sold at the direction of the plaintiff. t ma not be sold in the absence of a representative of the plaintiff at the Sheriff's Sate. a sale must be postponed or stayed in the event that a representative of the plain>iff is not present at the sale. PHS # 241085 ' JPMORGAN CHASE BANK, NATIONAL COURT OF COMMON ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC CIVIL DIVISION Plaintiff NO.: 10-4118 v. STEPHANIE VOKES CUMBERLAND Defendant(s) PHS # 241085'. AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC, Pla above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filedy the followin, information concerning the real property located at 148 SALEM CHURCH ROAD, MECHANICSBURG, PA'17050-2834. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) STEPHANIE VOKES 148 SALEM CHURCH ROAD MECHANICSBURG, PA 17050-2834 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) 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) HAMPDEN TOWNSHIP HAMPDEN TOWNSHIP C/O KEITH O. BRENNEMAN, ESQUIRE 230 SOUTH SPORTING HILL ROAD MECHANICSBURG, PA 17055 44 W. MAIN STREET MECHANICSBURG, PA 17055 in the sold: ' 6. Name and address of every other person who has any record interest in the property and whose interest may be 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 be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 148 SALEM CHURCH ROAD MECHANICSBURG, PA 17050-2834 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 Federal Building P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of mjy personal knowledge or information and belief. I understand that false statements herein are made sulbject to the of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: ~ L By: an Hallinan & Schmieg, LLP n Michael Kolesnik, Esq., Id. No.3088T7 Attorney for Plaintiff by the ich may Nme and Pt+el~ lldlisrs k 3drmis`, LLP Address ~ 1617 ARC Honiawad, Sane It00 Of Sender Om Pas ('aMtar Ptm !lird~ilH- PA 191Q3 ~ _ _ - _ _ ~V~` PA ~y ~o a C ~ m Line AAlela 1'laaabar ad Tart tliee Aiieaaa `r 1 .w:• 23i iiIW1S ~TiPiC ~i. R(?AD Tw i» 2 •••• ~+a~rl~rro>anx a ~ µw w-irs~r T 1?tl~ mt: Taew ~naa nay 1 et 1 ~s it. 7W l~lyd lfa,Lreibp Asir Talilirr Reaiwr~tlr+tOde~ llrrerrr, lYr(lir~d aeri.'i~isrM~I 7b tiY~ M iw irYrsrwri~dretyMYkie~ef~rlr~lrrlgirr~M~ _ ~ i ~ ~ ~ t w tlMYdiw~a lei i4 7 Ma~riY~YiralVa4Y~~Me~rw~fsl 3r ~ ,1 S. ! ~: \t~ -~ ! ri ~, ~ ~:` F~a l ~~ _ }~=~~ ~..-- r, ,~ C ~ ~!' O j~~[•$' s a a& N ~~~ b .~ R ^ ;n A W N ~+ ~ ~z r~ R S r._ y °~ o • R ~ ~ x- % ~ ~ ~ :F ~ ~ :F x~ ~ +F ~ x~ Y- is # M~ %~ % % ry O" CD ^s ~y R; ,b ~ ='Z7 N sf C C Fn ~ ~x` ~r 'D'-' ~ D x. ;~ d n O n W n C7 ~ A "~ t~oe ~' ' , e m ~ oes .~ v ~ ~~9 g z ~ 'JR ~~J G V ~ ~ ~ Q ~ ~ ~il ~ ~ ~ ~ "~' ' A Ir ~ ~ 3~. ..c~ >~ i '~30 a ~~ z a°~ ~`~~ ~~~ y~° ~ ~o ~~~ ~M~ ~ ~ti ~ ' ~ ~ .. .T o N o~ v m -a W ~ d y ~ 'v -~ ~ /\ [r1 V ~ ~ R ~ a ~ ~ A o ~ ~ A ^ v ~ ;~ eo N i ,~ ~ 3 a ° o ~~ ~ v~ ~o = " ~ t s ~ a i p m O 'J' t11 d . a ~. ,~ .. ._ G ~ A fn ` `y O R L1 p, C N 'b cn ~ ~.. ~. 't " i W I .yr ~ ~ ~ . ~ A ~ ~ ~ ?~' ~ ~ 0 a .:. a -s b: ~' o~~~~ ~.. O ~ R ~ W R O R N o. 3 c ~ ~. . y V d '. E ~~.~ c ^ .cc ~~ ~ N 3 3 ~ o ~^, "' y'^ ~°,~~ ' ~ •*, t ~~ ~ ~ -° ° o u; ~' ~ o 'fn w"ges N ~ Q u ~ n o~o; ,yt c o ~~ a A n ,~' w ~ m D P c'.4 ~ ~ g' ~ 88 rn~ 0 . 3'3` ~ _ d ~ h ° c n ~ n ~ F p d ~' s R n o =_. ,~ ~ ~. H ~; ~ -' 0 3' V ~ o ~ m Y' cR n o ~ N R ~ x ~ 3 p w,d c ~ 3 ~ 3 °i~. R _. n`n !~ a m ~ S ~ 3 ~. p ~ ~ O~ d ~/ 1~ ~ '~11~".lr,~., ~ a w ~a~ j ~ ~ m ~ ~ ~ ~ 1 ?~0~~ .~ ~~~~ ~' ~ ~ pi !~ c~v o v~~d a~~° .~ .o ~ R° ~ N ~ n 7 W ~ G ~, ~' A C"' O r b a ca z N N a ;~ y~~~ PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC Plaintiff vs. STEPHANIE VOKES Defendant COUNTY MENNs YLVAN IA CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-4118 AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to STEPHANIE VOKES on AUGUST 21, 2012 accordance with the Order of Court dated AUGUST 6, 2012. The property was posted on SEPTEMBER 21, 2012. Publication was advertised in THE SENTINEL on AUGUST 23, 2012 & in THE CUMBERLAND LAW JOURNAL on AUGUST 31, 2012. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. DATE: Phelan H & S ieg, LLP C? Wells, Esq., Id. No.309519 Attorney for Plaintiff r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA w JPMORGAN CHASE BANK, NATIONAL CIVIL DIVISION ASSOCIATION, SB/M TO CHASE HOME UTAT A ATI-V T r r Plaintiff VS. STEPHANIE VOKES Defendant NO. 10-4118 ? iC-) ?C 2 G G7 1 3 N w ORDER -< r 2012, after AND NOW, this day of consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant STEPHANIE VOKES'by: C" ,, x-n «f_ v art Q? --•10 x-rT cJ -? r:1 REGULAR MAIL TO, STEPHANIE VOKES at, 148 SALEM CHURCH ROAD, MECHANICSBURG, PA 17050-2834 CERTIFIED MAIL TO, STEPHANIE VOKES at, 148 SALEM CHURCH ROAD, MECHANICSBURG, PA 17050-2834 POSTING 148 SALEM CHURCH ROAD, MECHANICSBURG, PA 17050-2834 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). BY COUR '• PHS # 241085 ACC PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 STEPHANIE VOKES 148 SALEM CHURCH ROAD, MECHANICSBURG, PA 17050-2834 dppy ,„a,. !ed i5?I kII A ,W f- n O O N r i O M? l J ITI y y C?J O r '? H 0 - r z N O ?o 00 J U A W N .-+ F H ? 0. ? n N za G ? M iF iF iF iF jF 1F IF ?F iF M dF * * * iF 1F iE iF ? F (p ?i r iF iF iF iF IF 1F iF iF IF 1F iF iF * iF iF iE iE • M o b o~Ae z a= y nrA rY w^d? tV b ? ? z a H ~ n y o b o C"I o J x ? ? ;o . 0 rn ^o C o o 4 ? O ? N `g Ii S WA d a ro y 0 N o 11 N b Q ?, P t p ® ? P17NF:Y 601fVf.5 ?• 02 ,nn $ 01.59 ?G? r, o. 3 e? ? y m 1 a ro p '•o 0 10 a •?az ? A Y b° F. o? W C C QO e ? A A Q 0 0004277256 AUG21 2012 MAILED FROM ;ZIP CODE: 19 103 7178 2417 6099 0107 2339 LXH / 241085 1020 STEPHANIE VOKES 148 SALEM CHURCH ROAD MECHANICSBURG, PA 17050-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) USPS.com® - Track & Confirm English Customer Service LISPS Mobile Page 1 of 1 Register 1 Sign In "US S.Co Search USPS.com or Track Packages (Quick Tools Ship a Package Send Mail Manage Your Mail Shop Business Solutions Track & Confirm GET EMAIL UPDATES PRINT DETAILS YOUR LABEL NUMBER SERVICE STATUS OF YOUR IT EM DATE a'nME LOCATION FEATURES 71782417609901072339 First-Class Mail" Delivered August 29, 2012, 12:33 pm PHILADELPHIA, PA 19103 Expected Delivery By: August 23, 2012 Return Receipt Electronic Notice Left (No August 28, 2012, 7:21 am PHILADELPHIA, PA 19103 - Authorized Recipient Available) Depart USPS Sort August 28, 2012 PHILADELPHIA, PA 19178 Facility Processed through August 2e, 2012, 10:35 pm PHILADELPHIA, PA 1917e USPS Son Facility Moved, Left no Address August 23, 2012,11:19 am MECHANICSBURG, PA Arrival at Unit August 23, 2012, 8:47 am MECHANICSBURG, PA 17055 Depart USPS Sort August 23, 2012 HARRISBURG, PA 17107 Facility Processed through August 22,2012,10:12 pm HARRISBURG, PA 17107 USPS Sort Facility Dispatched to Sort August 21, 2012, 5:37 pm PHILADELPHIA, PA 19104 Facility Acceptance August 21, 2012, 4:30 pm PHILADELPHIA, PA 19102 - Electronic Shipping Info August 21, 2012 Received Check on Another Item What's your label (or receipt) numbed Find LEGAL Privacy Policy, Terms of Use > FOIA ) No FEAR Act EEO Data ) ON USPS.COM Government Services > Buy Stamps & shop) Print a Label with Postage > Customer Service) Site Index > ON ABOUT.USPS.COM About LISPS Home, Newsroom , Mail Service Updates > Forms & Publications > Careers OTHER USPS SITES Business Customer Gateway > Postal Inspectors) Inspector General > Postal Explorer, CopyrightO 2012 LISPS All Rights Reserved https://tools.usps.com/go/TrackConfi -mAction.action?tLabels=71782417609901072339 9/17/2012 PLAINTIFF GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION DEFENDANT EDWARD J. MCNEAL PHS # 191454 SERVICE TEAM/ lxh COURT NO.: CIVIL 08-6854 SERVE EDWARD J. MCNEAL AT: TYPE OF ACTION 144 SOUTH ENOLA DRIVE XX Notice of Sheriffs Sale ENOLA, PA 17025-2711 SALE DATE: December 5, 2012 **PLEASE POST PROPERTY IN ACCORDANCE WITH THE COURT ORDER** SERVED Served and made known to EDWARD J. MCNEAL, Defendant on the .ZI sday of 15PTAAW 201 at (e: X0, o'clock ?. M., at 144 S. SN/L8 AR., 6N0 L/F. PA , in the manner described below: Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: POS'IEn 'PROPER-TV Description: Age Height Weight Race Sex Other I IZOC.IId MOII --p651Lp , a competent adult, hereby verify that I personally Iced a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to alties of 18 Pa. C.S. Sg&, 4904 relating to unsworn falsification to authorities. < ). A - DATE: (31 -;' 1 13-- PRINTED NAME: Ronald Moll TITLE: Process Server NOT SERVED On the day of 20_, at o'clock _. M., I, , a competent adult hereby state that Defendant TOT FOb because: Vacant _ Does Not Exist - Moved _ Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PROOF OF PUBLICA` fON State of Pennsylvania, County of Cumberland fackie Cox, Sales Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): August 23, 2012 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication a true. Sworn to d su 2i? I before me this ZZIz Notary Public My commission expires: NOTARIAL SELL BAMBI ANN HECKENDORN I Notary Public CARLISLE BOROUGH, CUMERLAND CNTY MY Commission Expires Jan 27, 2014 r?. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz August 31, 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. isa Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 31 day of August, 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 w CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 10-4118 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION s/b/m TO CHASE HOME FINANCE, LLC vs. STEPHANIE VOKES NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: STEPHANIE VOKES Being Premises: 148 SALEM CHURCH ROAD, MECHANICSBURG, PA 17050-2834. Being in TOWNSHIP OF HAMP- DEN, County of CUMBERLAND, Commonwealth of Pennsylvania, 10-20-1838-025A. Improvements consist of residen- tial property. Sold as the property of STEPHA- NIE VOKES. Your house (real estate) at 148 SALEM CHURCH ROAD, MECHAN- ICSBURG, PA 17050-2834 is sched- uled to be sold at the Sheriff's Sale on November 7, 2012 at 10:00 A.M., at the CUMBERLAND County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the Court Judgment of $167,945.78 obtained by, JPMORGAN CHASE BANK, NATIONAL ASSOCIATION s/b/m TO CHASE HOME FINANCE, LLC (the mortgagee), against the above premises. PHELAN HALLINAN & SCHMIEG, LLP Attorneys for Plaintiff Aug. 31 10