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HomeMy WebLinkAbout10-6391SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smlth ~,~~;,:','' ~'C'4rnribrrr~~d Chief Deputy ~3- Richard WStewart Solicitor ~~F,.-= ,;~ -,.t w~~IFG Chase Home Finance LLC Case Number vs. William E Barrick, Jr 2010-6391 SHERIFF'S RETURN OF SERVICE 10/08/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: William E. Barrick Jr., but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Schuylkill County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 10/11/2010 08:55 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on October 11, 2010 at 2055 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Williiam E. Barrick Jr., by making known unto himself personally, at 116 Salem Church Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. AMANDA COBAUGH, DEPU 10/20/2010 11:21 AM -Schuylkill County Return: And now October 20, 2010 at 1121 hours I, Joseph Groody, Sheriff of Schuylkill County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: William E. Barrick Jr. by making known unto Mike Muller, adult in charge at 442 Indian Run Road, New Ringgold, PA 17960 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $62.00 October 28, 2010 SO ANSWERS, RON R ANDERSON, SRI~fi r"~ ~~ M~~ _=~ ,mss .~~ -...~ _,.s7-.' .,,-n ' ~ a`=' - (r,. CountgSuit~ 6herifl~. '!~e!eosoft IrrG- Fri,OCt 22,,2010 02:42PM PLAINTIFF: CHASE HOME FINANCE LLC V S DEFENDANT: BARRICK JR,WILLIAM E SHERIFF'S DEPARTMENT OF SCHUYLKILL COUNTY SCHUYLKILL COUNTY COURT HOUSE POTTSVILLE, PENNSYLVANIA 17901 (570) 622-5570 ** A F F I D A V I T O F R E T U R N DEPUTIZED FROM CUMBERLAND COUNTY PAGE: 1 COURT NUMBER 2010-6391 FILED BY DUNN,COURTENAY R TYPE OF PAPER COMP. IN MORTGAGE FORECLOSURE SERVING NUMBER 63186 ATTORNEY: ~ DUNN,COURTENAY R PRO FILE DATE 10/08/2010 EXPIRATION 11/07/2010 1617 JFK BOULEVARD SUITE 1400 SHF RECEIVED 10/12/2010 ONE PENN CENTER PLAZA DEP RETURNED 10/22/2010 PHILADELPHIA, PA 19103 ---------------------------------------------------------------------------------------------- - --- - ------------------------------ (P E O P L E T O B E S E R V E D) NAME ADDRESS 1 ADDRESS 2 CITY ST ZIP DEPUTY Service for BARRICK JR,WILLIAM E 442 INDIAN RUN ROAD NEW RINGGOLD PA 17960 ROONEY, C (A T T E M P T S A T S E R V I C E) SEQ DATE TIME SERVED TO ADDRESS 1 ADDRESS 2 CITY ST ZIP MILES COST 1 10/13/2010 13:11 [NOT FOUND] 442 INDIAN RUN ROAD EAST BRUNSWICK NEW RINGGOLD PA 17960 38 19.00 * REMARKS NO ANSWER AT RESIDENCE-LEFT CARD 2 10/20/2010 11:21 MIKE MULLER 442 INDIAN RUN ROAD EAST BRUNSWICK NEW RINGGOLD PA 17960 38 19.00 * REMARKS SERVICE MADE BY DEPUTY ROONEY, C * REMARKS 717-525-1396 943-2972 Total 38.00 Total Mileage Charge for all Services 38.00 Fri Oct 22, 2010 02:42PM SHERIFF'S DEPARTMENT OF SCHUYLKILL COUNTY SCHUYLKILL COUNTY COURT HOUSE POTTSVILLE, PENNSYLVANIA 17901 (570) 622-5570 ** A F F I D A V I T O F R E T U R N I hereby CERTIFY and RETURN that service was made by handing a TRUE and ATTESTED COPY to PAGE: 2 MIKE MULLER (A.P.I.C.) ON 442 INDIAN RUN ROAD 10/20/2010 NEW RINGGOLD PA at 11:21 SWORN and subscribed before me this day of SO ANSWERS ( eputy Sheriff) (Prothonotary) (Sher' f of Schuylkill Coun End - of - Return (X-356-2010) 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 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION VS. WILLIAM E. BARRICK, JR : CUMBERLAND COUNTY th r- m I> c, Z: O DC : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-6391 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES co C7 w O -7i a,tf *,I y, 6o ?d 007 Ct?& M7 fop ef-as4 717 Attorney for Plaintiff 250384 Whx M04 hed TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against WILLIAM E. BARRIC& JR, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $68,328.31 Interest - 09/05/2010 to 03/16/2011 1999.48 TOTAL $70,327.79 I hereby certify that (1) the Defendant's last known addresses are 116 SALEM CHURCH ROAD, MECHANICSBURG, PA 17050-2834 and 442 INDIAN RUN ROAD, NEW RINGGOLD, PA 17960 (2) that notice has been given in accordance with Rule 237.1, copy attached. _ A ---a -7 U Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? 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 ? An ew C. Bramblett, Esq., Id. No. 208375 ? ison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ( &1z? ??CX Q am t d 1). Ld PHS # 250384 PROTHONOTARY 250384 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 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION VS. Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-6391 WILLIAM E. BARRICK, JR AFFIDAVIT 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. 250384 (b) that defendant WILLIAM E. BARRICK, JR is over 18 years of age and resides at 116 SALEM CHURCH ROAD, MECHANICSBURG, PA 17050-2834 and 442__ INDIAN RUN ROAD, NEW RINGGOLD, PA 17960. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. March 16, 2011 ? 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 on F. Wells, Esq., Id. No. 309519 ?is William E. Miller, Esq., Id. No. 308951 Attorney for Plaintiff 250384 CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff V. WILLIAM E. BARRICK, JR Defendant(s) TO: WILLIAM E. BARRICK, JR 442 INDIAN RUN ROAD NEW RINGGOLD, PA 17960 DATE OF NOTICE: March 3, 2011 COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-6391 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS # 250384 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. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE IBERTY AVENUE RLI ,PA 1701:3 7)24 9 - 3 16 6 By: 1 / 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 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 250384 CHASE HOME FINANCE LLC, SB/M TO CHASE COURT OF COMMON PLEAS MANHATTAN MORTGAGE CORPORATION CIVIL DIVISON Plaintiff NO. 10-6391 v. CUMBERLAND COUNTY WILLIAM E. BARRICK, JR Defendant(s) TO: WILLIAM E. BARRICK, JR 116 SALEM CHURCH ROAD MECHANICSBURG, PA 17050-2834 DATE OF NOTICE: March 3, 2011 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 HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS # 250384 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. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND CQ.UNTY COURTHOUSE 2 L RTY AVENUE ISLE, PA 17013 717) 249-3166 Lawrence IvPhelan, 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 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C.Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 By: PHS # 250384 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-6391 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 WILLIAM E. BARRICK, JR (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 $70, 327.79 L.L.$.50 Interest FROM 03/17/11 to Date of Sale ($11.72 per diem) - $2,051.00 Atty's Comm % Atty Paid $194.50 Plaintiff Paid Date: 411.2/11 (Seal) Due Prothy $2.00 Other Costs ? ? 160 q D D. Bue11, P othonotary By: Deputy REQUESTING PARTY: Name: JOSHUA I. GOLDMAN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 205047 ` PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN COURT OF COMMON PLEAS MORTGAGE CORPORATION Plaintiff CIVIL DIVISION v WILLIAM E. BARRICK, JR Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 03/17/2011 to Date of Sale ($11.72 per diem) TOTAL $70,327.79 ? ,. r Q $2,051.00 ?'i ,?C7 "t7 per. S72.378.79 v c? Attorn 4e Pa tiff Phelainan & Schmieg LP ? Lae T. helan, Es , Id. No. 32227 ? Fr. Hal , Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Note: Please attach description of property. PHS # 250384 vm-w Vd a16Y 6 a. 00 CP 9 9.00 «u 14. oo u ?. C9. so?k t'1 qq, SO ?d a {? NO.: 10-6391 CUMBERLAND COUNTY ?. SvLL 10-tWAO ,mss? 8/9 P64 Oy Q a? Oa O? OU O? Uw ?U z 0 N 0 w Q F O H w u O U 04 w d x ' wa U > U W ? aA 3 O v O W a oado W W a b M N 00 N y A O ? ? Q O tV x ? Q E Uxa a Q 5 °qUU) 3 Qa¢ a?x 3 ? 0 N N????r M?`? ??OMN nO?Oz O ON OH O Z COP C-4 G 0. a?Zbzv" o 00 dz? 00 z oz yzz v cz .C ^ W c W W h H W ;° y? ;? W W I °W .? ?+ U W o a a DOODEIDEIDOEID DOp? LEGAL DESCRIPTION ALL THAT CERTAIN plot of ground situate on the east side of the Salem Church Road in the Township of Hampden, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center line of the public road known as Salem Church Road, said point being located fifty-three and five-tenths (53.5) feet measured northwardly along said center line from the northerly line of land of the United States Government and being also fourteen hundred sixteen and ninety-five one- hundredths (1416.95) feet measured northwardly along said center line from the northerly line of land now or formerly of Jacob S. Rupp; thence north two (2) degrees fifty-four (54) minutes east along said center line of one hundred (100) feet to a point; thence south sixty-five (65) degrees twenty-four (24) minutes east along line of lands now or formerly of Steward E. Myers, five hundred (500) feet to a point on the westerly line of a fifty (50) foot right-of-way; thence south two hundred (2) degrees fifty-four (54) minutes west along said right of way, one hundred (100) feet to a point; thence north sixty-five (65) degrees twenty-four (24) minutes west along the northerly line of another fifty (50) foot right-of-way, five hundred (500) feet to a point in the center line of the Salem Church Road, the place of BEGINNING. The above described lands are sold and conveyed subject to the following reservations and restrictions which shall run with the land and be binding upon the parties, their heirs and assigns: 1. No dwelling shall be erected upon the lot hereby conveyed which shall cost less than $4,000.00 over and above the cost of excavation and foundation. 2. No second hand materials shall be used in the construction of any building to be erected on said lot which shall be exposed to the weather, and no asbestos slate surfacing or composition of any dwelling except for roof covering. 3.No building of any kind shall be erected on the lot hereby conveyed within sixty feet from the center line of the Salem Church Road, nor within sixty feet from the center line of the said fifty foot right-of-way, lying to the east of the property above described. 4. No chicken house or hog, pen or other building except the dwelling and private garage not to exceed two- car capacity, shall be erected within 150 feet from the center line of this aid public road and said fifty foot right-of-way lying to the east of the property herein conveyed. No merchandising or selling of manufacturing of any commodity shall be conducted upon said lot. 6. No building shall be erected within ten feet of any adjoining property line. TITLE TO SAID PREMISES IS VESTED IN William E. Barrick, Jr. her son and Arlene F. Barrick, her daughter-in-law, as tenants by the entireties, by Deed from Marian E. Barrick, unremarried widow, dated 12/31/1999, recorded 01/11/2000 in Book 214, Page 776. PREMISES BEING: 116 SALEM CHURCH ROAD, MECHANICSBURG, PA 17050-2834 PARCEL NO. 10-20-1838-012, CONTROM 10005743 CHASE HOME FINANCE LLC, SB/M TO CHASE COURT OF COMMON PLEAS MANHATTAN MORTGAGE CORPORATION Plaintiff CIVIL DIVISION V. NO.:10-6391 WILLIAM E. BARRICK, JR Defendant(s) CUMBERLAND COUNTY PHS # 250384 AFFIDAVIT PURSUANT TO RULE 3129.1 CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 116 SALEM CHURCH ROAD, MECHANICSBURG, PA 17050-2834. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) " rn° WILLIAM E. BARRICK, JR 116 SALEM CHURCH ROAD MECHANICSBURG, PA 17050-2834?? ?• N a 2. Name and address of Defendant(s) in the judgment: c?-y o -r* Name Address (if address cannot be reasonably =C:) n; ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) CHASE HOME FINANCE, LLC 3415 VISION DRIVE COLUMBUS, OH 43219 JAMES C. COSTOPOULOS 10 COURTHOUSE AVENUE, SUITE 103 CARLISLE, PA 17013 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) WACHOVIA BANK, 301 SOUTH COLLEGE STREET NATIONAL ASSOCIATION, A COLLEGE STREET, VA 0343 NATIONAL BANKING ASSOCIATION CHARLOTTE, NC 28288-0343 ORGANIZED AND EXISTING UNDER THE LAWS OF THE UNITED STATES OF AMERICA WACHOVIA BANK, P.O. BOX 50010 NATIONAL ASSOCIATION RETAIL ROANOKE, VA 24022 CREDIT SERVICING . 5. 6. 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. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANVOCCUPANT 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 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division 116 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 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 6t" Floor, Strawberry Sq., Dept 280601 Harrisburg, PA 17128 Department of Public Welfare P.O. Box 8486 TPL Casualty Unit Willow Oak Building Estate Recovery Program Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the b o ersknowledge or information and belief. I understand that fal statements herein are made subject to the penalties of 18 Pa. C.S 4904 J- AttoMey to unsworn falsification to authorities. Date: BY: r PI Van,Es PhelalinLP ? La T. No. 32227 ? Francis S. HNo. 62695 ? Daniel G. SNo. 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 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION V3. WILLIAM E. BARRICK, JR COURT OF COMMON PLEAS : CIVIL DIVISIOl Plaintiff : : NO.: 10-6391 c : CUMBERLAND * O +"t r*y Defendant(s) : c 5C . t" x " NOTICE OF SHERIFF'S SALE OF REAL PROPERTY -1 TO: WILLIAM E. BARRICK, JR WILLIAM E. BARRICK, JR 116 SALEM CHURCH ROAD 442 INDIAN RUN ROAD MECHANICSBURG, PA 17050-2834 NEW RINGGOLD, PA 17960 * *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 116 SALEM CHURCH ROAD, MECHANICSBURG, PA 17050-2834 is scheduled to be sold at the Sheriffs Sale on 09/07/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $70,327.79 obtained by CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-6391 CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION VS. WILLIAM E. BARRICK, JR owner(s) of property situate in the TOWNSHIP OF HAMPDEN, Cumberland County, Pennsylvania, being (Municipality) 116 SALEM CHURCH ROAD, MECHANICSBURG, PA 17050-2834 Parcel No. 10-20-1838-012, CONTROL# 10005743 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $70,327.79 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 r LEGAL DESCRIPTION ALL THAT CERTAIN plot of ground situate on the east side of the Salem Church Road in the Township of Hampden, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center line of the public road known as Salem Church Road, said point being located fifty-three and five-tenths (53.5) feet measured northwardly along said center line from the northerly line of land of the United States Government and being also fourteen hundred sixteen and ninety-five one- hundredths (1416.95) feet measured northwardly along said center line from the northerly line of land now or formerly of Jacob S. Rupp; thence north two (2) degrees fifty-four (54) minutes east along said center line of one hundred (100) feet to a point; thence south sixty-five (65) degrees twenty-four (24) minutes east along line of lands now or formerly of Steward E. Myers, five hundred (500) feet to a point on the westerly line of a fifty (50) foot right-of-way; thence south two hundred (2) degrees fifty-four (54) minutes west along said right of way, one hundred (100) feet to a point; thence north sixty-five (65) degrees twenty-four (24) minutes west along the northerly line of another fifty (50) foot right-of-way, five hundred (500) feet to a point in the center line of the Salem Church Road, the place of BEGINNING. The above described lands are sold and conveyed subject to the following reservations and restrictions which shall run with the land and be binding upon the parties, their heirs and assigns: 1. No dwelling shall be erected upon the lot hereby conveyed which shall cost less than $4,000.00 over and above the cost of excavation and foundation. 2. No second hand materials shall be used in the construction of any building to be erected on said lot which shall be exposed to the weather, and no asbestos slate surfacing or composition of any dwelling except for roof covering. 3.No building of any kind shall be erected on the lot hereby conveyed within sixty feet from the center line of the Salem Church Road, nor within sixty feet from the center line of the said fifty foot right-of-way, lying to the east of the property above described. 4. No chicken house or hog, pen or other building except the dwelling and private garage not to exceed two- car capacity, shall be erected within 150 feet from the center line of this aid public road and said fifty foot right-of-way lying to the east of the property herein conveyed. No merchandising or selling of manufacturing of any commodity shall be conducted upon said lot. 6. No building shall be erected within ten feet of any adjoining property line. TITLE TO SAID PREMISES IS VESTED IN William E. Barrick, Jr. her son and Arlene F. Barrick, her daughter-in-law, as tenants by the entireties, by Deed from Marian E. Barrick, unremarried widow, dated 12/31/1999, recorded 01/11/2000 in Book 214, Page 776. PREMISES BEING: 116 SALEM CHURCH ROAD, MECHANICSBURG, PA 17050-2834 PARCEL NO. 10-20-1838-012, CONTROU 10005743 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ?'?!xP° +2 P 2: CHASE HOME FINANCE LLC, SB/M TQ?Whlk AAN MORTGAGE CORPORATION'ERStdSYL Plaintiff V. WILLIAM E. BARRICK, JR Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS CIVIL DIVISION : NO.: 10-6391 CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Attorney f Pla tiff Phelan H Ilina & Schmie LLP ? Lawr ce T. helan, Es ., Id. No. 32227 ? Francis S. Hall q., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 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 PLAINTIFF 'CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION PHS # 250384 DEFENDANT SERVICE TEAM/ lxh - - WILLIAM E. BARRICK, JR COURT NO.: 10-6391 SERVE WILLIAM E. BARRICK, JR AT: TYPE OF ACTION `? 442 INDIAN RUN ROAD XX Notice of Sheriff's Sal e t + NEW RINGGOLD, PA 17960 SALE DATE: 09/07/2011 SERVED e1 Cl) P co C:3 and made known to WILLIAM E. BARRICK, JR , Defendant on the 21 day of at" Served K-%, ' , n 4::- z in the manner described belo co D Defendant dant personally served. Adult family member with whom Defendant(s) reside(s). ?? rr• l M ue Relationship is hro4- #r-/n- lawI a-¢. M'Ckea _ 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 3s - Height 5'/0 Weight 3sD t Race W Sex ?N1 Other 1, bvnn.'s C • Hvl-4,, , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 4121111 - NAME: /?- PRINTED NAME: : DIC-44 i`e C - Ill,.,- TITLE: IX NOT SERVED On the day of , 20_, at o'clock _. M., Defendant NOT FOUND 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 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 AFFIDAVIT OF SERVICE (FNMA) CUMBERLAND COUNTY 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 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 PLAINTIFF )CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION PHS # 250384 DEFENDANT SERVICE TEAM/ lxh r--7 e w WILLIAM E. BARRICK, JR COURT NO.: 10-6391 =-, SERVE WILLIAM E. BARRICK, JR AT: TYPE OF ACTION t? VI N? 116 SALEM CHURCH ROAD XX Notice of Sheriffs Sale t ?y MECHANICSBURG, PA 17050-2834 SALE DATE: 09/07/2011 -< G? SERVED 2 © [ Served and made known to WILLIAM E. BARRICK, JR , Defendant on the Ig4nay of l L 2- at 413a, o'clock k. M., at 116 54 a* C1,10CH RD in the manner described below: r ? Defendant personally served. AF-ru m Cs 8061 PA, - Adult family member with whom Defendant(s) reside(s). Relationship is - Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other: Description: Age 60 Height h ,9 Weight O O Race W Sex /A Other _ I, RZ>r44t.A A40 LL , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. 4 lq t i DATE: NAME: PRINTED NAME: POND- L A /fib 1, 1 TITLE: -PQDekSS S ,auEe, NOT SERVED On the day of , 20_, at o'clock _. M., Defendant NOT FOUND because: _ Vacant - Does Not Exist - Moved - Does Not Reside (Not Vacant) No Answer on at Service Refused at 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 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 AFFIDAVIT OF SERVICE (FNMA) CUMBERLAND COUNTY 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 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 CCa' ` . 13 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff vs WILLIAM E. BARRICK, JR Defendant Attorney For Plaintiff Court of Common Pleas Civil Division ?y CUMBERLAND County cv • ZO No. 10-6391 v 2 C= r rn r-- -v M C) °c O O rs'? rn 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, N.A. SB/M TO CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION, located 3415 VISION DRIVE, COLUMBUS, OH 43219. Date: Tune 21, 2011 HE HA INAN & 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. Yells, Esq., Id. No. 309519 Willi . Miller, Esq., Id. No. 308951 issa J. Scheiner, Esq., Id. No. 308912 PHS# 250384 Attorneys for Plaintiff aA &,- $? a C?? 1 OA 51 ? Z+aLtWl Ql ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of JPMORGAN CHASE BANK, N.A. SB/M TO CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION. Date: Tune 21, 2011 5Lawre LAN LINAN & SCHMIEG, LLP BP helan, 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 Miller, Esq., Id. No. 308951 sa J. Scheiner, Esq., Id. No. 308912 PHS# 250384 Attorneys for Plaintiff 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, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff V. WILLIAM E. BARRICK, JR Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-6391 CUMBERLAND COUNTY CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe to mark judgment to JPMORGAN CHASE BANK, N.A. SB/M TO CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION and substitution of party plaintiff was served by regular mail to the person(s) on the date listed below: WILLIAM E. BARRICK, JR 116 SALEM CHURCH ROAD MECHANICSBURG, PA 17050-2834 Date: 61"--6111 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 Willi E. Miller, Esq., Id. No. 308951 issa J. Scheiner, Esq., Id. No. 308912 Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff vs WILLIAM E. BARRICK, JR Defendant Attorney For Plaintiff = c C Court of Common Pleases C - . z;0 a Civil Division tea. o z v CUMBERLAND CountyZ'a 3 . ,C=: a No. 10-6391 PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P.. 2352 TO THE PROTHONOTARY: Kindly substitute JPMORGAN CHASE BANK, N.A. SB/M TO CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: r: -Yi r== M v v JPMORGAN CHASE BANK, N.A. SB/M TO CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION is the current Plaintiff in the foreclosure action by virtue of a corporate merger, whereby CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION is now known as JPMORGAN CHASE BANK, N.A. SB/M TO CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION. Kindly amend the information on the docket accordingly. Date: Tune 21, 2011 PHEL N LINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., I 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 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 Willi E. Miller, Esq., Id. No. 308951 e issa J. Scheiner, Esq., Id. No. 308912 PHS# 250384 Attorneys for Plaintiff F LED-QF FICw IT HE PROTHONOTARY 2011 JUL 15 AM 10: 07 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, N.A., S/B/M TO CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff V. WILLIAM E. BARRICK, JR Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County : No.: 10-6391 PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on October 8, 2010. 2. Judgment was entered on March 18, 2011 in the amount of $70,327.79. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 250384 Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on September 7, 2011. 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 7, 2011 Per Diem $10.36 Late Charges Legal fees Cost of Suit and Title Property Inspections/ Property Preservation Escrow to be paid prior to September 7, 2011 Escrow Deficit $65,735.78 $5,112.17 $101.54 $1,300.00 $783.00 $126.00 $3,760.98 $2,685.75 TOTAL $79,605.22 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. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff s attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on July 8, 2011 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and 250384 correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phelan Hallinan & Schmieg, LLP ff[Lawrence'T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallind. No. 62695 aniel G. Schmieg, Esq., I . No. 62205 ? Michele M. Bradford, Esq. Id. No. 69849 ? Judith T. Romano, Esq., No. 58745 ? Sheetal R. Shah-Jani, , sq., 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 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? A famblett, 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 ATTORNEY FOR PLAINTIFF 250384 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, N.A., S/B/M TO CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff V. WILLIAM E. BARRICK, JR Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-6391 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE WILLIAM E. BARRICK, JR executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 116 SALEM CHURCH ROAD, MECHANICSBURG, PA 17050-2834. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. 250384 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 be cured. Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319,321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. V. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect 250384 its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, 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 that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is 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. 250384 III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriff s Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on 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 principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the 250384 outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S 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). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. 250384 The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 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 250384 terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. 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. 250384 IV. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan &,.. Sehrri eg, L DATE: $y`` ? Lawrence T. Phelan d. No. 32227 is . Halli sq., Id. o. 2695 ? Daniel G. Schmieg, Esq., Id. No. 2205 ? Michele M. Bradford, Esq., Id o. 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 1. Goldman, Esq., Id. No. 205047 ? Courtena nn, Esq., Id. No. 206779 jA-11isc ew C. Bramblett, Esq., Id. No. 208375 nF. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 Attorney for Plaintiff 250384 Exhibit "A" 250384 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 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 Allison F. Wells, Esq., Id. No. 3095.19 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION VS. WILLIAM E. BARRICK, JR Attorney for Plaintiff r7 G t7tm ' v y r D n. *V'-, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-6391 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES N C) s r;7 r- rri o? --? ca CD N D W 250384 TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against WILLIAM E. BARRICK, JR, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $68,32831 Interest - 09/05/2010 to 03/16/2011 $1,999.48 TOTAL $70,327.79 I hereby certify that (1) the Defendant's last known addresses are 116 SALEM CHURCH ROAD, MECHANICSBURG, PA 17050-2834 and 442 INDIAN RUN ROAD, NEW RINGGOLD, PA 17960 (2). that notice has been given in accordance with Ru1R .23 copy attached. ,1 /lam --2k7 DAMAGES ARE HEREBY ASSESSED AS INDICATE DATE: PHS # 250384 U Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No 62205 ? Michele M. Bradford, Esq., Id. No 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? 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 An w C. Bramblett, Esq., Id. No. 208375 ison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Attorney for Plaintiff' 250384 Exhibit "B" 250384 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP July 8, 2011 WILLIAM E. BARRICK, JR 116 SALEM CHURCH ROAD MECHANICSBURG, PA 17050-2834 Representing Lenders in Pennsylvania and New Jersey RE: JPMORGAN CHASE BANK, N.A., S/B/M TO CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION v. WILLIAM E. BARRICK, JR Premises Address: 116 SALEM CHURCH ROAD MECHANICSBURG, PA 17050 CUMBERLAND County CCP, No. 10-6391 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 13, 2011. Should you have further questions or concerns ase do not hesitate to contact me. Otherwise, please be guided accordingly. _,1---- Very truly yours, La Fri 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 250384 Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire ,Allison F. Wells, Esquire William E. Miller, Esquire Melissa J. Scheiner, Esquire Enclosure 250384 N U O W W ^o -1 ?O Oo J 01 Cn A W N -- r ?w In A W N O ?. ° c m V? V1 ? n. N N n o o CD W W ? O o O o A A C < z Cr cn t" r o r w 3 ' ? b? a o a o ° 7 7 7 A a Cr1 a C=7 ? rnH ? Y Y z ? ft ?b f A b ? 0 Z 3 z c ft O z o a C o. sy oo?? ? z m a c eD ? ? O 7 d a K. '? -wi 4 ? r?r w<b .? b N w ? ? 0 3 -°i w x. Ci7 ? a°- B a w ?3Na. ?d ? d. m j ' 000427?2"5e 'Ir ca y 7 &lED FRaM x. MA -. a 69 ? p , ? = o w oa w s ? ? w ? 3 lC C 2 O d d f a 3 = C CL 0 b a a 0 W O C C) CD CD 0 c C 0 0 b m r z r r z z r r b (yOWF S 2.52° 7g 20 )E 19103 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, N.A., S/B/M TO CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff V. WILLIAM E. BARRICK, JR Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-6391 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. WILLIAM E. BARRICK, JR WILLIAM E. BARRICK, JR 116 SALEM CHURCH ROAD 442 INDIAN RUN ROAD MECHANICSBURG, PA 17050-2834 NEW RINGGOLD, PA 17960 250384 Phelan Hallman & X DATE: Bv: T. Phelan, Esq., Id. No. 32227 7Ta-tttnmId. No. 62695 ? Daniel G. Schmieg, Esq., d. No. 62205 ? Michele M. Bradford, E /q., Id. No. 69849 ? Judith T. Romano, Esc., 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 ? . Bramblett, Esq., Id. No. 208375 ffl'A-11ison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 ATTORNEY FOR PLAINTIFF 250384 -l z Co _._ f g, = e. , -aC) CD - { C:` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK, N.A., S/B/M TO CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION V. Plaintiff WILLIAM E. BARRICK, JR Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 10-6391 RULE AND NOW, this day of 2011, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading 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 THE COURT Alliawn F Wells, `-`L J. WrA leel C ,? Mop /?3 250384 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 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215).563-3459 WILLIAM E. BARRICK, JR 116 SALEM CHURCH ROAD MECHANICSBURG, PA 17050-2834 WILLIAM E. BARRICK, JR 442 INDIAN RUN ROAD NEW RINGGOLD, PA 17960 250384 250384 % r d CJFf E oly 11 JUL 2 7 APilo: 7 1JN$ERL A SID COUNTY PENNSYLVANIA Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, N.A., S/B/M TO CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff vs. WILLIAM E. BARRICK, JR Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-6391 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 18, 2011 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. WILLIAM E. BARRICK, JR WILLIAM E. BARRICK, JR 116 SALEM CHURCH ROAD 442 INDIAN RUN ROAD MECHANICSBURG, PA 17050-2834 NEW RINGGOLD, PA 17960 250384 1 1%, P Phelan Hall' Vinan DATE: By: ? Lawrence . No. 32227 Francis S. Ha , ., . 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 ? Jeni . Davey, Esq., Id. No. 87077 uren 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 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 ATTORNEY FOR PLAINTIFF 250384 L1-OFFICL PROTHONOTAFo 2011 AUG 12 AM 10: 02 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, N.A., S/B/M TO CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff VS. WILLIAM E. BARRICK, JR Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-6391 MOTION TO MAKE RULE ABSOLUTE JPMORGAN CHASE BANK, N.A., S/B/M TO CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION, 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 as follows: 1. A Motion to Reassess Damages was filed with the Court on July 15, 2011. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on July 8, 2011 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the 250384 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. A Rule was issued by the Honorable Albert H. Masland on or about July 18, 2011 directing the Defendant to show cause 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 26, 2011 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 August 8, 2011. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Schmieg, LLP DATE: Y: - Attorney for Plaintiff 250384 Exhibit "A" 250384 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP July 8, 2011 WILLIAM E. BARRICK, JR 116 SALEM CHURCH ROAD MECHANICSBURG, PA 17050-2834 Representing Lenders in Pennsylvania and New Jersey RE: JPMORGAN CHASE BANK, N.A., SB/M TO CHASE HOME FINANCE LLC, S1B/M TO CHASE MANHATTAN MORTGAGE CORPORATION v. WILLIAM E. BARRICK, JR Premises Address: 116 SALEM CHURCH ROAD MECHANICSBURG, PA 17050 CUMBERLAND County CCP, No. 10-6391 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 13, 2011. Should you have further questions or conce Otherwise, please be guided accordingly Very truly yours, La Fra - allinan, 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 do not hesitate to contact me. 250384 Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Alison F. Wells, Esquire William E. Miller, Esquire Melissa J. Scheiner, Esquire Enclosure 250384 0 0 Coo a C7 q U? Q ? a U• a O a C h Cd G ? zdo } W V C U .C N A ? T G U GO ? ? C G H U C C G ?_ y G U N E u ? A E c "' ??,° t? s, E S A S r ?? k r 4A v L n v E ° A o a ?. E A„E h o G„e ? C 3 w x .. L 15 v E u b ? L G o ON o E c L o ? v ? 7 u u w o ? c V' A '. v c°n °G ' c E > C ? L w w 0 ?- V3 Ff? 1.ti t }? V O C O ? O? `? ? .o = E C A N W ,y ?i GC V ? . u A E ?-, ` C? b ? ? v rn c z wa Q d u ,? ? z c a 0 ^p d zz u ? ? ? 4 w { ai U U ? CY. OG "J Pq PG v ? fzl Lx7 w ?M ? so N ? 00 a a u Z > z 3? ? °a 00 W) U N N u a w om E !2 , a N M in ?o I? 00 O N M tf V 1 0o p, R ?, F L1 00 M O Vl N Exhibit "B" 250384 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK, N.A., S/B/M TO Court of Common Pleas CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE Civil Division CORPORATION Plaintiff CUMBERLAND County V. No.: 10-6391 WILLIAM E. BARRICK, JR Defendant RULE AND NOW, this 1$'h' day of ` 20111, 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(s) shall have twenty (20) days of the date of this Order to file a responsive pleading 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 THE COURT E /Lf Ahjp J. 250384 Exhibit "C" 250384 F UD-OFFiuL ?i 3 F.t ° QI'll 0N0Tk, i I U! 21 AM 10: 3 Cl,i'fC7`RLAND COUVY PrE NSYLVAN1A Pljelan 14all°inan & Schmieg, 1.LP 1617 JFK Boulevard, Suite 1400 one Penn Center P1ar..a Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, N.A., IBJNi TO C1iASl':1-10MI", FINANCE OR1~GA(E 1't.) C14ASE MANNA 1 L A CORPORATION Plaintiff VS. WILLIAM E. BARRICK, JR ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-6391 Defendant CERTCF CAT10 OF SE1tV1C E and correct copy of the Court's July 18, 2011 Rule directing I hereby certify that a true use as to why Plaintiff s Motion to Reassess Damages should not be the Defendant to show ca was served upon the following individual on the date indicated below. granted WILLIAM E. BARRICK, JR WILLIAM E. BARRICK, JR 442 INDIAN RUN ROAD 116 SALEM CHURCH ROAD NEW RINGGOLD, PA 17960 MECHANICSBURG, PA 17050-2834 250394 DATE: Phelan LLP By' > Id. No, 32227 Lawrence I he ,Esq., [? Francis S. Ila ?nan,.Esq., Id. No. 62695 [] Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 n Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jen . Davey, Esq., Id. No. 87077 wren. R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 n Jay B. Jones, Esq., Id. No. 86657 0 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 Allison F. Wells, Esq., Id. No. 309519 [j William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 ATTORNEY FOR PLAINTIFF 250384 Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, N.A., S/B/M TO CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff vs. WILLIAM E. BARRICK, JR Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-6391 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute were served upon the following individual on the date indicated below. WILLIAM E. BARRICK, JR 116 SALEM CHURCH ROAD MECHANICSBURG, PA 17050-2834 WILLIAM E. BARRICK, JR 442 INDIAN RUN ROAD NEW RINGGOLD, PA 17960 DATE: 1 Phelan Allison F. VVNI, Esquire?t or laintiff 250384 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, N.A., SB/M TO CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, v. WILLIAM E. BARRICK, JR Defendant(s) ry r- t Tw CUMBERLAND COUN ; . 2 T ?: m C rl = COURT OF COMMON 1?. 'A = S '-) p t? CIVIL DIVISION Cn 7 ca ? --? 7 - -?. F. No.: 10-6391 ° AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and assn applicable. A copy of the Certificate of Mailing (Form 3817) a ert fled =turn ej_ Receipt stamped by the U.S. Postal Service is attache eto Exhibit " Allison F W Attorney for Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the 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 # 250384 IFPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC Plaintiff V. WILLIAM E. BARRICK, JR Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-6391 CUMBERLAND COUNTY PHS # 250384 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER 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 116 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) WILLIAM E. BARRICK, JR Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 116 SALEM CHURCH ROAD MECHANICSBURG, PA 17050-2834 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) CHASE HOME FINANCE, LLC JAMES C. COSTOPOULOS Wells Fargo Bank, N.A. Wells Fargo Bank, N.A. c/o Anthony R. Distasio, Esquire 3415 VISION DRIVE COLUMBUS, OH 43219 10 COURTHOUSE AVENUE, SUITE 103 CARLISLE, PA 17013 3476 Stateview Boulevard Fort Mill, SC 29715 1720 Mineral Spring Road, PO Box 461 Reading, PA 19603-0461 14. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) WACHOVIA BANK, 301 SOUTH COLLEGE STREET NATIONAL ASSOCIATION, A COLLEGE STREET, VA 0343 NATIONAL BANKING ASSOCIATION CHARLOTTE, NC 28288-0343 ORGANIZED AND EXISTING UNDER THE LAWS OF THE UNITED STATES OF AMERICA WACHOVIA BANK, P.O. BOX 50010 NATIONAL ASSOCIATION RETAIL ROANOKE, VA 24022 CREDIT SERVICING Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be 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 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program reasonably ascertained, please indicate) 116 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 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 6`h Floor, Strawberry Sq., Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I' verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. ____----? Attorney 09519 r ro n n r o. ti a m a s ?N s: H n M o rn n ? ? c" w ? n p ? A ? T H Q o_ ag^ N A ? ?p CO `,? .O•?MN .7? m ? 7 n n y'? W F t(^yp ? H O p, < O (Oi 0 ? C rn B 6 9 p P O n ?• y A pp?? X L'. N 3 fIl N ?~+ p 00 J Q? (ll A W N r O G. to n V] ? CA CD A >F ? C N 00m?no°Z>?n°?AAnNz??0?y O0* 0tnt?yx O OS o ? ? !-gyp :. xrooocd0-Op? o? "~xz Hy> et'xn poa?o? -1 tv a ??ooY? y z nlH,ooH H>,H., zp CrJS" 90 zzww tj Z r0. or o> r?nt-,o> r" H> ynr ? o ~> O 000 c h n Zn A yO? Q 0 m C y 7 z Y z ro O H y y O j N 1 ? .r } N? 1 1 ti o VAS ?'d rr ? O ? ,F g FAA ?,n?..: PITNEY • 02 1M 01 680 . 0004277256 APR13 2011 - MAILED FROM ZIP CODE 19 10 3 T ff U b H y w U A W HW -- 00 ?1 O? CA A W N F+ r § a ? ar N w m - ?W '00fb w o m ?p ? N ?? ^ ado w we o ? ? a c t" su . '? A o Oa " eo .a o 0 3 3 Z 8 9 °? Z b? a o ?m ^ o ao m a o ? cr w? ? r" coo ocr y ? o ob . , o00 ? C m o? , F "w?? ?x=z ry a ?? ?s+td??e o ? ¦dm yQ v?c?e @ b < m m a ?o n0 a, t: p •d o e '. a t7 a of r+ < y , j '° as ., '* .-e O + _'C .. ? ?, eD eD N C ?• o M ? r+ A o " 17 y W 5 ?? y A ? ? A' _• y rd 00 °! G C 1 - 000 y N C N ?„ (A rO.y N !? rA ? y ' A y 04 y ?' tD C H K a ?b ?. Y , 1'9 IN " < D! d fD a a < N o A .* v y P6 'A -1 hl:, n '1 b N ? c N w C ? n ? 00 ? ?, A O a C C D a > CL e y ` y 1 y a i ;' 0 a .yo o. w. » o' 4 4t c • a 53 °" W c 0 C ? 001 - m y?o 00 o m`OO Q o A . N w' ? Oi K o q' ° +s N !? On. S^ o a n om ? ?. ' T m ? n n' ? o. 9x n Z: R Posr? O y - $ 02.94° a a H g I 2 1M 0004277256 APR13 2011 E 19103 cD d NV MAILED FROM Zip COD K n' n ?^• d o• v o O o `'<T C D _ t ( D w ? ^? w - o ? 0 0 o?? N 1 • ? cu a;CD ON Q.? A W r CD UQ A C" o r, O 0 3 J n h 4 (A A W N ?+ O ? 00 --4 ON to 0 a z t y ro c/) ro Ce ro ?. N y .+r o ? OL F n (D z ro ?"ap 'Cp ACm ??o,? 01 C A "t7 C1 y . y ? 7 7 b QIQ o n w a -D y p .s b {? W {? `° - a o r" o to ro n y V./ H r ? C a ' (?i V t Q K ` /? pf E a $?? N O Nm a-•..,? g°° C 0 ? 4 n 0 9-2 '• P o°.n H. 1? o ? G' g ' CA !tom , Mp ? K N I' i Is ? . 3o8R ? o ° a ? a w R b o. f -. I I ? Q Et t n r. ?o ? . ? , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, N.A., S/B/M TO CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff vs. WILLIAM E. BARRICK, JR Defendant AND NO W th' // Court of Common Pleas ORDER Civil Division fem.,} CUMBERLAND C y C:: No.: CY% mac:, Vic, (Z 77 C t) I day of 1*7 ??- , 2011, 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 tune as follows: Principal Balance Interest Through September 7, 2011 5 $,735.78 Per Diem $10.36 $5 $,112.17 Late Charges Legal fees $101.54 Cost of Suit and Title $ .00 Property Inspections/ Property Preservation $ 783 $783.00 Escrow to be paid prior to September 7 2011 $126.00 , Escrow Deficit $3,760.98 $2,685.75 TOTAL $79,605.22 Plus interest from September 7, 2011 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. '? HE ?Allisax. F Gulfs, J a6 S 250384 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,4 ?b??t4? ?' tt;naGrr??h?? OFF?rE•:,FTHE cuFRirF ? !?..E?-tlFr ICE CL THf--- P ?O NGNO?ARY MI l DEC 22 PM 2: 29 CUMBERLAND COUNTY PENNSYLVANIA Chase Home Finance LLC Case Number vs. 2010-6391 William E Barrick, Jr SHERIFF'S RETURN OF SERVICE 06/23/2011 05:03 PM - Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 116 Salem Church Road, Mechanicsburg, PA 17050, Cumberland County. 09/0712011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 12/7/2011 11/22/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/4/2012 12/21/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $791.90 SO ANSWERS, December 21, 2011 RON R ANDERSON, SHERIFF ? .D? pd • ?r C.) CcuntySuite SnentP. ieieosoit inr CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN M4ATvAGE CORPORATION Plaintiff V. WILLIAM E. BARRICK, JR Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-6391 CUMBERLAND COUNTY PHS # 250384 AFFIDAVIT PURSUANT TO RULE 3129.1 CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 116 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) WILLIAM E. BARRICK, JR Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 116 SALEM CHURCH ROAD MECHANICSBURG, PA 17050-2834 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) CHASE HOME FINANCE, LLC 3415 VISION DRIVE COLUMBUS, OH 43219 JAMES C. COSTOPOULOS 10 COURTHOUSE AVENUE, SUITE 103 CARLISLE, PA 17013 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) WACHOVIA BANK, 301 SOUTH COLLEGE STREET NATIONAL ASSOCIATION, A COLLEGE STREET, VA 0343 NATIONAL BANKING ASSOCIATION CHARLOTTE, NC 28288-0343 ORGANIZED AND EXISTING UNDER THE LAWS OF THE UNITED STATES OF AMERICA WACHOVIA BANK, P.O. BOX 50010 NATIONAL ASSOCIATION RETAIL ROANOKE, VA 24022 CREDIT SERVICING 7 r 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 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division 116 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 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 6'° Floor, Strawberry Sq., Dept 280601 Harrisburg, PA 17128 Department of Public Welfare P.O. Box 8486 TPL Casualty Unit Willow Oak Building Estate Recovery Program Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the b o erso knowledge or information and belief. I understand that fat statements herein are made subject to the penalties of 18 Pa C.S 4904 ela to unswom falsification to authorities. L Date: By: Attorney f r Pl ' tiff Phelan ]line & Schmieg, LP ? La nce T. elan, Esq. d. No. 32227 ? Francis S. Hal an, Es ., Id. No. 62695 ? Daniel G. Schmid , sq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 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 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-6391 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE LLC Plaintiff (s) From WILLIAM E. BARRICK, JR (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 $70, 327.79 L.L.$.50 Interest FROM 03/17/11 to Date of Sale ($11.72 per diem) - $2,051.00 Atty's Comm % Due Prothy $2.00 Atty Paid $194.50 Plaintiff Paid Date: 4/12/11 (Seal) Other Costs "-), K, Buell, Pro onotary By: Deputy REQUESTING PARTY: Name: JOSHUA I. GOLDMAN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 205047 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa, This ,,. LQQ- day of Afadi- 20 _U_ mg - L" thonotary !i s d I K? /J Y4 ;D On May 26, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA, Known and numbered as, 116 Sale In Church Road, Mechanicsburg, more fully describ?d on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 26, 2011 By: Real Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2010-6391 Civil Chase Home Finance LLC VS. William E. Barrick, Jr. Atty.: Daniel Schmieg By virtue of a Writ of Execu- tion NO. 10-6391, CHASE HOME FINANCE LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPO- RATION vs. WILLIAM E. 13ARRICK, JR., owner(s) of property situate in the TOWNSHIP OF HAMPDEN, Cumberland County, Pennsylvania, being 116 SALEM CHURCH ROAD, MECHANICSBURG, PA 17050-2834. Parcel No. 10-20-1838-012, CON- TROL# 10005743. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $70,327- .79. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 15, July 22 and July 29, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. r isa Marie Coyn Editor SWORN TO AND SUBSCRIBED before me this 9 da of Jul 2011 Notary H A COLLINS ry Public FCCARLISLEBOROUGH, IAL SEAL CUMBERLAND COUNTY Expires Apr 28, 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE Ile Patr1*0t'WX(W5 Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, bounty of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: to 07115/11 07/22/11 07/29/11 t18 ugust, 2011 A. D. 5? Public COMMO -6""' OF NfVSYLVANIA Notarial seal Sherrle L Kisner, Notary Public Lower My Comm Tw p,' Dauphin County Expi Member, PennNov' 26, 2011 svlvanla Association of Notaries l 1 ?k s MAR 2 10: q Phelan Hallinan & Schmieg, LLZ 7t; { Attorney For Plaintiff 1617 JFK Boulevard, Suite 14ORMBERLAND Cou1j 1 One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, N.A., SB/M TO CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff vs WILLIAM E. BARRICK, JR Defendant Court of Common Pleas : I Civil Division : CUMBERLAND County : I No. 10-6391 TO THE PROTHONOTARY: PRAECIPE ? Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ? Please mark the above referenced case Settled, Discontinued and Ended. X Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ? Please mark the in rem judgment Satisfied and the action Discontinued and Ended. Date: PHELAN LINAN & S IEG, LLP B. Melissa J. Cantwell, Esq., Id. . 8912 Attorney for Plaintiff PHS # 250384 CLM I * 9..50?d a4 K?- 9 7-IZA - Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, N.A., SB/M TO CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff vs WILLIAM E. BARRICK, JR Defendant Attorney For Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 10-6391 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: WILLIAM E. BARRICK, JR 116 SALEM CHURCH ROAD MECHANICS$URG, PA 17050-2834 Date: PHS # 250384 B' Melissa J. Cantwell, Esq., Id. 08912 Attorney for Plaintiff