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HomeMy WebLinkAbout11-2339Phelan Hallinan & Schmieg, LLP ` Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 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 GUMg 8NSYLVANIA TY ATTORNEY FOR PLAINTIFF CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 264997 COURT OF COMMON PLEAS CIVIL DIVISION v. Plaintiff CAMERON MARTIN NATALIE MARTIN 30 SUSSEX ROAD CAMP HILL, PA 17011-6648 Defendants TERM NO. -3q &V I Tee CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 264997 lg1,oo r aH`1 (a) 010- 'a ?rfl 165879 R?`aSs7 ?.a NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 264997 Plaintiff is CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: CAMERON MARTIN NATALIE MARTIN 30 SUSSEX ROAD CAMP HILL, PA 17011-6648 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/08/2008 CAMERON MARTIN and NATALIE MARTIN made, executed and delivered a mortgage upon the premises hereinafter described to JPMORGAN CHASE BANK, N.A which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200840104. The PLAINTIFF is now the mortgagee and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2010 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 264997 6. The following amounts are due on the mortgage: Principal Balance $131,798.14 Interest $5,271.92 07/01/2010 through 02/28/2011 Late Charges through 02/28/2011 $523.69 Property Inspections/Property Preservation $56.00 Escrow Deficit 326.32 TOTAL $137,976.07 7. 8 9 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. File #: 264997 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $137,976.07, together with interest from 02/28/2011 at the rate of $21.6654 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage, including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: L dTan, Esq., Id. No. 322 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 622 ? 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 ? Aqdrew C. Bramblett, Esq., Id. No. 208375 llison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Attorneys for Plaintiff File #: 264997 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made June 5, 1965 by John C. Brilhart, Registered Surveyor, as follows: BEGINNING at a point on the easterly line of Sussex Road, which point is one hundred forty-six an eighteen one-hundredths (146.18) feet southwardly of the southeasterly corner of Sussex and Courtland Roads and at dividing line between Lots Nos. 52 and 53, Tract No. 3, on the hereinafter mentioned Plan of Lots; thence along said dividing.line between Lots Nos. 52 and 53, North 60 degrees 00 minutes East, one hundred twenty-two and thirteen one-hundredths (122.13) feet to a point at dividing line between Lots Nos. 55 and 52 on said Plan; thence along said dividing line, South 51 degrees 25 minutes East, seven and eighty-nine one-hundredths (7.89) feet to a point at dividing line between Lots Nos. 49 and 52 on said Plan; thence along said dividing line, South 15 degrees 05 minutes East, fifty-four and forty-nine one-hundredths (54.49) feet to a point at dividing line between Lots Nos. 51 and 52 on said Plan; thence along said dividing line, South 60 degrees 00 minutes West, one hundred ten and ninety-eight one-hundredths (110.98) feet to a point on the easterly line of Sussex Road aforesaid; thence along the easterly line of Sussex Road, North 30 degrees 00 minutes West, sixty (60) feet to a point, at the place of BEGINNING. BEING Lot No. 52, Tract No. 3, on Plan of Lots known as Cumberland Park, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 6, Page 3, and being known as 30 Sussex Road, Camp Hill, PA. BEING the same premises which William H. Gilmore and Paulita Z. Gilmore, his wife, by Deed File #: 264997 dated July 26, 1965, and recorded July 26, 1965, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Book 21-R, Page 127, granted and conveyed unto William Paul Wennell, Jr. and Josephine M. Wennell, his wife, in fee. William Paul Wennell, Jr. is deceased and Josephine M. Wennell is the owner of record. PROPERTY ADDRESS: 30 SUSSEX ROAD, CAMP HILL, PA 17011-6648 PARCEL # 13-23-0557-068 File #: 264997 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. DATE: / Attorney for Plain File #: 264997 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Chase Home Finance LLC vs. Natalie Martin (et al.) 1 s 6i c - ? • r, r- i ? ? iJ Case Number 2011-2339 SHERIFF'S RETURN OF SERVICE 02/25/2011 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: Natalie Martin, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Tioga County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 02/25/2011 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: Cameron Martin, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Tioga County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 03/09/2011 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: Cameron Martin, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Cameron Martin. Request for service at 30 Sussex Road, Camp Hill, Pennsylvania 17011 the defendant was not found. The Camp Hill Postmaster has confirmed, Cameron Martin has moved and left no forwarding address. 03/09/2011 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: Natalie Martin, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Natalie Martin. Request for service at 30 Sussex Road, Camp Hill, Pennsylvania 17011 the defendant was not found. The Camp Hill Postmaster has confirmed, Natalie Martin has moved and left no forwarding address. 03/10/2011 03:10 PM - Tioga County Return: And now March 10, 2011 at 1510 hours I, Thomas Young, Sheriff of Tioga 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: Natalie Martin by making known unto herself personally, at 5503 Main Street, Millerton, Pennsylvania 16936 its contents and at the same time handing to her personally the said true and correct copy of the same. 03/10/2011 Tioga County Return: And now, March 10, 2011 at 1515 hours I, Thomas Young, Sheriff of Tioga County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Cameron Martin the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of Tioga and therefore return same NOT FOUND. Request for service at 5503 Main Street, Millerton, Pennsylvania 16936 the defendant was not found. Deputies were advised Cameron Martin now resides at 6970 Clearfield Street, Harrisburg, Pennsylvania 17111. SHERIFF COST: $110.00 March 15, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF !cj Cew,?ySuan Sh`e:: ?'fi. fe?ecsof. bye. SHERIFF'S OFFICE OF TIOGA COUNTY Thomas A. Young II Christina Christman Sheriff Civil Division Thomas G. Smith Tammi Perla Chief Deputy Criminal Division CHASE HOME FINANCE LLC Case Number vs. NATALIE MARTIN (et al.) CUMBERLAND COUNTY SHERIFF SHERIFF'S RETURN OF SERVICE 03/10/2011 03:10 PM -DEPUTY THOMAS G. SMITH, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: NATALIE MARTIN AT 5503 MAIN STREET, MILLERTON, PA 16936. THOMAS G. SMITH, EPUTY March 10, 2011 COMM(HVWtALTH OF PENNSYLVANIA ----- -- -- - -------------------------------------------- - -------------------- NobFwsw ------------- ------- -- NOTARY M ON OwWnK NoWq JUbk Jb% 7bp? Cwj* Affirmed and subscribed to before me this Wdd)om Co dOw OcL 113013 "- day of Member, APWJWM OMAN 1111 Plaintiff Attorney. PHELAN HALLINAN & SCHMIEG, LLP, ONE PENN CENTER, 1617 JFK BLVD STE 1400, (cl Coi;nlySurte t:SYscitf Teieosoft i;•:C SHERIFF'S OFFICE OF TIOGA COUNTY Thomas A. Young II Christina Christman Sheriff Civil Division Thomas G. Smith Tammi Perla Chief Deputy Criminal Division CHASE HOME FINANCE LLC vs. NATALIE MARTIN (et al.) Case Number CUMBERLAND COUNTY SHERIFF SHERIFF'S RETURN OF SERVICE 03/10/2011 03:15 PM - CHIEF DEPUTY THOMAS G. SMITH, BEING DULY SWORN ACCORDING TO LAW, STATES HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: CAMERON MARTIN, BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) AS "NOT SERVED" AT 5503 MAIN STREET, MILLERTON, PA 16936. DEFENDANT MOVED HIS NEW ADDRESS IS 6970 CLEARFIELD ST, HARRISBURG PA 17111. CELL # 717-579-8459 0 HOMAS G. SMI , DEPUTY March 10, 2011 COMMONWFJN.Tti OF PF.I w ww SW --- --------- ------ ------------------ ------- ------- ------------- -- ---------- ----- ----- - -- -- NOTARY Wiboro eo%'? ? Affirmed and subscribed to before me this day of M y/ ?) l Cr Plaintiff Attomey. PHELAN HALLINAN & SCHMIEG, LLP, ONE PENN CENTER, 1617 JFK BLVD STE 1400, Vic) County,SLote Shenff Tee?eosoft, iris SHERIFF'S OFFICE OF TIOGA COUNTY Thomas A. Young II Christina Christman Sheriff Civil Division k Thomas G. Smith Tammi Perla Chief Deputy Criminal Division CHASE HOME FINANCE LLC vs. NATALIE MARTIN (et al.) Case Number CUMBERLAND COUNTY SHERIFF SHERIFF'S RETURN OF SERVICE 03/10/2011 03:10 PM - DEPUTY THOMAS G. SMITH, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: NATALIE MARTIN AT 5503 MAIN STREET, MILLERTON, PA 16936. 03/10/2011 03:15 PM - CHIEF DEPUTY THOMAS G. SMITH, BEING DULY SWORN ACCORDING TO LAW, STATES HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: CAMERON MARTIN, BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) AS "NOT SERVED" AT 5503 MAIN STREET, MILLERTON, PA 16936. DEFENDANT MOVED HIS NEW ADDRESS IS 6970 CLEARFIELD ST, HARRISBURG PA 17111. CELL # 717-579-8459 SHERIFF COST: $98.00 SO ANSWERS, 1:??L OL.pu a' March 10, 2011 THOMAS A. YOUNG II, SHERIFF COSTS DATE CATEGORY MEMO CHK # DEBIT CREDIT 03/07/2011 Advance Fee Advance Fee 1067192 $0.00 $200.00 03/10/2011 Docket $9.00 $0.00 03110/2011 No Service $5.00 $0.00 03/10/2011 Notary Fee $3.00 $0.00 03/10/2011 Postage $2.00 $0.00 03/10/2011 Service $9.00 $0.00 03/10/2011 Service Mileage $70.00 $0.00 03/10/2011 Refund 14947 $102.00 $0.00 $200.00 $200.00 BALANCE: Plaintiff Attorney. PHELAN HALLINAN & SCHMIEG, LLP, ONE PENN CENTER, 1617 JFK BLVD STE 1400, ,C) CGUnlyS.Irte SF.enfl' TEleospft. sou:. "ICS FILED-oF Phelan Hallinan & Schmieg, LLP ?? P??NdE V Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 20I I APR -1 AM f0' 2 5 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 CUMBERLAND COUNTY Judith T. Romano, Esq., Id. No. 58745 PENNSYLVANIA 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 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY CAMERON MARTIN No. 11-2339 CIVIL TERM NATALIE MARTIN Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE C---?` 0 t' 61u P?y ?i 10 7 51.36 !' of-7 3LO TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHE N HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 /ourtenay 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 Attorneys for Plaintiff Date: March 30, 2011 /jnc, Svc Dept. File# 264997 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff CHASE HOME FINANCE LLC Court of Common Pleas Plaintiff Vs Civil Division rnW c- • rn C i= #_-- - CAMERON MARTIN r.) Cumberland County ,r NATALIE MARTIN Defendant(s) 3-1 No. 11-2339 CIVIL TERM ° ?o = --t c.n PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF --: CO PURSUANT TO Pa.R.C.P., 2352 TO THE PROTHONOTARY: Kindly substitute JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M to CHASE HOME FINANCE LLC as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE LLC the current Plaintiff in the foreclosure action by virtue of a corporate merger, whereby CHASE HOME FINANCE LLC is now JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE LLC Kindly amend the information on the docket accordingly. Date: r?_ N LLINAN & SCHMIEG, LLP 1 By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 3089*Y' Attorneys for Plaintiff PHS # 264997 _t - a,,- r11 -T -rj -t ?r I> ?k, l? hut?? loy ??ats.atg°t ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M to CHASE HOME FINANCE LLC. Date: H& SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 3089+I?-- ? Attorneys for Plaintiff PHS # 264997 PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 215 563-7000 CHASE HOME FINANCE LLC Plaintiff VS CAMERON MARTIN NATALIE MARTIN Defendant(s) ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 11-2339 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe to mark judgment to JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SBIM to CHASE HOME FINANCE LLC and substitution of party plaintiff was served by regular mail to the person(s) on the date listed below: CAMERON MARTIN NATALIE MARTIN 30 SUSSEX ROAD CAMP HILL, PA 17011-6648 r? Date: By: - Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 30897f Attorney for Plaintiff PHS 4 264997 III IELAN HALLINAN & SCHMIEG, LLP Sheetal R. Shah-Jani, Esq., Id. No.81760 1617 JFK 13oulevard, Suite 1400 One Penn Ccnter Plaza Philadelphia, PA 19103 2 15-5 63 -7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC VS. CAMERON MARTIN NATALIE MARTIN Attorney for Plaintiff "" 3 CUMBERLAND COUNTY F= COURT OF COMMON PLE c? e CIVIL DIVISION Ex , , No. 11-2339 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE, TO ANSWER AND ASSESSMENT OF DAMAGES TO THE' PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against CAMERON MARTIN, and NATALIE MARTIN, Defendant(s) for failure to file an Answer to Plaintiffs Complaint witllin 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 5137,976.07 Interest - 03/01/2011 to 08/10/2011 53,531.46 TOTAL $141,507.53 I hereby certify that (1) the Defendants' last known addresses are 6970 CIJ`AR1`11;LD STREET, HARRISBURG, PA 17111, 30 SUSSEX ROAD, CAMP HILL, PA 17011-6648, and 5503 MAIN STREET, MILLERTON, PA 16936-9340, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Af -•?y?a?Y ??r !gyp SyloS Date b 3a11 Sheetal R. Shah Tani, 'squirc Attorney for Plain i DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: -- ?I ?- -------- ---- -- - PI IS P 264997 PROTHONOTARY 264997 PI {ELAN IIALLINAN & SCHMIEG, LLP Attorney for Plaintiff' Sheetal R. Shah-Jani, Esq., Id. No.81760 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORUAN CHASE BANK, CUMBERLAND COUNTY NATIONAL ASSOCIATION, SB/M TO COURT OF COMMON PLEAS CHASE HOME FINANCE, LLC : CIVIL DIVISION VS. CAMERON MARTIN NATALIE MARTIN No. 11-2339 CIVIL 'PERM 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 kno\vlcd,,c of the following facts, to wit: (a) that the defendant(s) is/arc not in the Military or Naval Service of talc I Jilited States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief' Act of Congress of 1940, as amended. (b) that defendant CAMERON MARTIN is over 18 years of age and resides at 6970 CI,EARFII LD STREET, HARRISBURG, PA 17 11 1 and 30 SUSSEX ROAD. CAMP I I ILI., PA 17011-6648. (c) that defendant NATAI.,I1; MARTIN is over 18 years of age and resides at 3() SUSSEX IZOAD. CAMP HILL, PA 17011-6648 and 5503 MAIN STREI T, M1l,LI:IZTON. P:A 16936-9340. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date ?` a l? Sheetal IZ. Shah-Jani, I's uirc Attorney for Plaintiff 264997 (Rule of Civil Procedure No. 236) - Revised JPMORGAN CHASE BANK, NATIONAL CUMBERLAND COUNTY ASSOCIATION, SIB/M TO CHASE HOMF. : FINANCE, LLC COURT OF COMMON ]'LEAS VS. : CIVIL DIVISION CAMERON MAR'T'IN NATALIE NIARTIN No. 11-2339 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entcrcd against you on •??. By: If you have any questions concerning this matter please contact: Sheetal R. Shah-Jani, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * TIIIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT A ND ANY INFORMATION OBTAINED WILL BE USED FOR T11A T PURPOSE. II YO U IIA VIs PRE G'IO USL Y RECEIVED A DISCIIAR(;E IN BANKIZ UPTCY, TIIIS IS N07' A NI) SHOULD NOT BE CONSTRUE=D TO BEANATTE MPT TO COLLECT A DEBT, BUT ONLYLNFORCEML'NT OFA LIF_NAGAINST PROPERTY. ** JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC v. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-2339 CIVIL TERM CUMBERLAND COUNTY CAMERON MARTIN NATALIE MARTIN Defendant(s) TO: CAMERON MARTIN 6970 CLEARFIELD STREET HARRISBURG, PA 17111 DATE OF NOTICE: July 27, 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 . COi4STRUED TO BE AN ATTEMPT TO COLLECT A DEBT, - BUT . ONLY AS 1NFOACIIvIENT OF LIEN -AGAINST:' PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE 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 TROPERTY OR OTHER ' IMPORTANT RIGHTS. 3 ,. t YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.: IF YOU DO YNOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE . CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. { IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES.THAT,M,AY OFFER LEGAL SERVICES. TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 264997 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By. - F n, Esq., Id. No. 695 FRomano, an, Esq., Id. No. 2227 D g, Esq., Id. No. 2205 Mi ord, Esq., Id. No. 69849 Judi Esq., Id. No. 58745 Sheetal R. Shah Tani, Esq., Id. No. 817 Jenne R. Davey, Esq., Id. No. 870777 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 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite .1400 One Penn Center Plaza Philadelphia; PA 19103. ..., .. . PHS # 264997 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC V. Plaintiff CAMERON MARTIN NATALIE MARTIN Defendant(s) TO: NATALIE MARTIN 5503 MAIN STREET MILLERTON, PA 16936-9340 DATE OF NOTICE: July 27, 2011 COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-2339 CIVIL TERM 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. _ D IPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE 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 IAWYEIt AT "40-YO"U" DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIE A LAWYER, THIS OFFICE MAYBE-ABLE TO i PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL- SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, PHS # 264997 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: La ce If ?&Wn' q., Id No. 3 7 F S. Hallman, Esq., Id o.626 5 D 'e G. Schmieg, Esq., Id. No. 622 5 Mi a M. Bradford, Esq., Id No. 6 849 Judi T. Romano, Esq., Id. No. 58745 Sheetal R. Shah Jani, Esq., Id. No. 817 Jenne 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 L Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 'William E. TVffer, Esq., Id. No. 30895I Melissa J. Scheiner, Esq., Id. No. 308912 Phelan Hallinan & Schmieg, LLP 1617 TFK Boulevard, Suite 1400 One Penn Center`Plaza x.:. ... _ R Philadelphia, PA 19103 PHS # 264997 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC v. CAMERON MARTIN NATALIE MARTIN Plaintiff Defendant(s) TO: CAMERON MARTIN 30 SUSSEX ROAD CAMP HILL, PA 17011-6648 COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-2339 CIVIL TERM CUMBERLAND COUNTY DATE OF NOTICE: July 27, 2011 . THIS FIRM IS A DEBT. COLLECTOR ATnBGrnNG TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATILT TO COLLECT THE INDEBTEDNESS REFERRED TO _ IREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL, BE USED FOR THAT PURPOSE:IF YOU HAVE PREVIOUSLY'. RECEIVED A DISCHARGE IN BANKRUPTCY, rr,. IIS CORRESPONDENCE ;ISNOT AND... SHOULD NOT BE.. CONSTRUED . TO BEAN ATILT . TO . COLLECT A DEBT, BUT ONLY. AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IlVIP'ORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE 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. . x:? YOU SHOULD"TAKE THIS PAPER` TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU-CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT AREDUCED FEE OR NO FEE. PHS # 264997 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By:VA-1 ' J ce T. Phelan, Esq., Id. No. 3 227 F c S. Hallinan, Esq., Id. No. 6 695 e G. Schmieg, Esq., Id. No. 05 Mi M. Bradford, Esq., Id. No. 69849 Judi . Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81 i - Jenne 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 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 One Penn Center Plaza Philadelphia, PA 19103 I 9 I .. 1 t PHS # 264997 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC Plaintiff v. CAMERON MARTIN NATALIE MARTIN Defendant(s) TO: NATALIE MARTIN 30 SUSSEX ROAD COURT OF COMMON PLEAS CIVIL DMSON NO. 11-2339 CIVIL TERM CUMBERLAND COUNTY CAMP HILL, PA 17011-6648 DATE OF NOTICE: July 27, 2011 TIES 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 PURP.OSE.IP 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. IWORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE 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 WIITIOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. -" YOU SHOULD TAKE THIS PAPER` TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THLS OFFICE MAY BE ABLE TO PROVIDE.YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS.# 264997 Office of the Prothonotary E i CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 i By: 1A 21 Phelan, Id. . 32227 * allinan, Esq., Id. N . 62695 e- Esq., Id. . 62205 Schmieg, Bradford, Esq., I& No. 69849 mano, Esq., I& No. 58745 Sheetal R Shah-Jani, Esq., I& No. 817 Janine R Davey, Esq., Id No. 87077 Lauren R Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq.,.Id. No. 202331 Jay B. Jones, Esq., I& No. 86657 i Peter J. Mulcahy, Esq., I& No. 61791 Andrew L. Spivack, Esq., I& 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.,14,. No,,,3095,19 William E. Miller, Esq., I& No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Phelan Hallinan & Schmieg, LLP .1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ... Philadel phis, PA 19103 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 11-2339 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC, Plaintiff (s) From CAMERON MARTIN, NATALIE MARTIN (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: $141,507.53 L.L.: $.50 Interest from 8/11/2011 to Date of Sale ($23.26 per diem) - $9,117.92 Arty's Comm: % Due Prothy: $2.25 Arty Paid: $265.00 Other Costs: Plaintiff Paid: Date: April 3, 2012 David D. Buell, Prothonotary (Seal) By: won-•?0 -!?o Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, 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. 308877 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO COURT OF COMMON PLEAS CHASE HOME FINANCE, LLC Plaintiff CIVIL DIVISION v CAMERON MARTIN NATALIE MARTIN Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 08/11/2011 to Date of Sale ($23.26 per diem) TOTAL Note: Please attach description of property. PHS # 264997 a. Oo oo 0. UO $ , C>ID c.{ o0 V_?oo NO.: I1-2339 CIVIL TERM CUMBERLAND COUNTY $141,507.53 -?- i --, $9,117.92 i $1 0 625.45 fn Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 nev for Plaintiff VVri? ?' K ? Isxd'ehl U W W W U z Q z w w O W x U O z 0 H U O CIO Z ? w a oa z W? o a ? d Oa z H ? o? w Cf) O O Q z U d z ? a a R ?y a U > 0 H U W w z o E IZ?I O ? ? ?Wy 1?1 H Q W U z r1, s U Lei O d an ce an 0 ? w U HQ¢ zW? Q., QW? ??a x ¢cn z O ? ? O 3 W ? +- O F•+ M ? zk N 0 M a ° z ab ^c Ew C o CO R C Q., M U w W 7, -o w 01. ti LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES SITUATE IN LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH A SURVEY AND Plan THEREOF MADE June 5, 1965 BY JOHN C. BRILHART, REGISTERED SURVEYOR, AS FOLLOWS: BEGINNING AT A POINT ON THE Easterly LINE OF SUSSEX Road, WHICH POINT IS ONE HUNDRED FORTY-SIX AND EIGHTEEN ONE-HUNDREDTHS (146.18) FEET Southwardly OF THE Southeasterly CORNER OF SUSSEX AND COURTLAND Roads AND AT DIVIDING LINE BETWEEN Lots NOS. 52 AND 53, TRACT NO. 3, ON THE HEREINAFTER MENTIONED Plan OF Lots; THENCE ALONG SAID DIVIDING LINE BETWEEN Lots NOS. 52 AND 53, North 60 DEGREES 00 MINUTES East, ONE HUNDRED TWENTY-TWO AND THIRTEEN ONE-HUNDREDTHS (122.13) FEET TO A POINT AT DIVIDING LINE BETWEEN Lots NOS. 55 AND 52 ON SAID Plan; THENCE ALONG SAID DIVIDING LINE, South 51 DEGREES 25 MINUTES East, SEVEN AND EIGHT-NINE ONE- HUNDREDTHS (7.89) FEET TO A POINT AT DIVIDING LINE BETWEEN Lots NOS. 49 AND 52 ON SAID Plan; THENCE ALONG SAID DIVIDING LINE, South 15 DEGREES 05 MINUTES East, FIFTY- FOUR AND FORTY-NINE ONE-HUNDREDTHS (54.49) FEET TO A POINT AT DIVIDING LINE BETWEEN Lots NOS. 51 AND 52 ON SAID Plan; THENCE ALONG SAID DIVIDING LINE, South 60 DEGREES 00 MINUTES West, ONE HUNDRED TEN AND NINETY-EIGHT ONE-HUNDREDTHS (110.98) FEET TO A POINT ON THE Easterly LINE OF SUSSEX Road AFORESAID; THENCE ALONG THE Easterly LINE OF SUSSEX Road, North 30 DEGREES 00 MINUTES West, SIXTY (60) FEET TO A POINT, AT THE PLACE OF BEGINNING. BEING Lot NO. 52, TRACT NO. 3, ON Plan OF Lots KNOWN AS CUMBERLAND PARK, WHICH Plan IS RECORDED IN THE CUMBERLAND COUNTY RECORDER'S OFFICE IN Plan BOOK 6, PAGE 3. TITLE TO SAID PREMISES VESTED IN Cameron Martin and Natalie Martin, h/w, by Deed from Josephine M. Wennell, widow, dated 03/09/2006, recorded 03/16/2006 in Book 273, Page 2874. PREMISES BEING: 30 SUSSEX ROAD, CAMP HILL, PA 17011-6648 PARCEL NO. 13-23-0557-068 PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ?A 2 ?: 1) JPMORGAN CHASE BANK, NATIONAL ASSOCF,&MnW" TO CHASE HOME FINANCE, LLC Plaintiff V. CAMERON MARTIN NATALIE MARTIN Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-2339 CIVIL TERM CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. 1-11 By: P ran Hallinan & Schmieg, LLP hn Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCF,,,Y, -i l I I? LLC k J Y' IU li?at Plaintiff fl, 2 APR -3 AM Ia: 38, V. CAMERON MARTIN NATALIE MARTIN Defendant(s) ''UNIOERLA, NOS COU; T°' rp, rlI.SYL '1I', COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-2339 CIVIL TERM CUMBERLAND COUNTY PHS 4 264997 AFFIDAVIT PURSUANT TO RULE 3129.1 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 30 SUSSEX ROAD, CAMP HILL, PA 17011-6648. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) CAMERON MARTIN NATALIE MARTIN 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 6970 CLEARFIELD STREET HARRISBURG, PA 17111 5503 MAIN STREET MILLERTON, PA 16936-9340 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 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 COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE, TPL CASUALTY UNIT, ESTATE RECOVERY PROGRAM DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 30 SUSSEX ROAD CAMP HILL, PA 17011-6648 6TH FLOOR, STRAWBERRY SQ. DEPT 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. _,, Date: 3 By: rn Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 nev for Plaintiff JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, COURT OF COMMON PLEAS S/B/M TO CHASE HOME FINANCE, LLC : CIVIL DIVISION Plaintiff : NO.: 11-2339 CIVIL TERM VS. CAMERON MARTIN CUMBERLAND COUNTY NATALIE MARTIN . Defendant(s) NOTICE OF SHERI FF'S SALE OF REAL PROPERTY TO: CAMERON MARTIN NATALIE MARTIN -?, :a 6970 CLEARFIELD STREET 5503 MAIN STREET c HARRISBURG, PA 17111 MILLERTON PA 16936-9340 cry , c? **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 30 SUSSEX ROAD, CAMP HILL, PA 17011-6648 is scheduled to be sold at the Sheriff's Sale on 09/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $141,507.53 obtained by JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. ,If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES SITUATE IN LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH A SURVEY AND Plan THEREOF MADE June 5, 1965 BY JOHN C. BRILHART, REGISTERED SURVEYOR, AS FOLLOWS: BEGINNING AT A POINT ON THE Easterly LINE OF SUSSEX Road, WHICH POINT IS ONE HUNDRED FORTY-SIX AND EIGHTEEN ONE-HUNDREDTHS (146.18) FEET Southwardly OF THE Southeasterly CORNER OF SUSSEX AND COURTLAND Roads AND AT DIVIDING LINE BETWEEN Lots NOS. 52 AND 53, TRACT NO. 3, ON THE HEREINAFTER MENTIONED Plan OF Lots; THENCE ALONG SAID DIVIDING LINE BETWEEN Lots NOS. 52 AND 53, North 60 DEGREES 00 MINUTES East, ONE HUNDRED TWENTY-TWO AND THIRTEEN ONE-HUNDREDTHS (122.13) FEET TO A POINT AT DIVIDING LINE BETWEEN Lots NOS. 55 AND 52 ON SAID Plan; THENCE ALONG SAID DIVIDING LINE, South 51 DEGREES 25 MINUTES East, SEVEN AND EIGHT-NINE ONE- HUNDREDTHS (7.89) FEET TO A POINT AT DIVIDING LINE BETWEEN Lots NOS. 49 AND 52 ON SAID Plan; THENCE ALONG SAID DIVIDING LINE, South 15 DEGREES 05 MINUTES East, FIFTY- FOUR AND FORTY-NINE ONE-HUNDREDTHS (54.49) FEET TO A POINT AT DIVIDING LINE BETWEEN Lots NOS. 51 AND 52 ON SAID Plan; THENCE ALONG SAID DIVIDING LINE, South 60 DEGREES 00 MINUTES West, ONE HUNDRED TEN AND NINETY-EIGHT ONE-HUNDREDTHS (110.98) FEET TO A POINT ON THE Easterly LINE OF SUSSEX Road AFORESAID; THENCE ALONG THE Easterly LINE OF SUSSEX Road, North 30 DEGREES 00 MINUTES West, SIXTY (60) FEET TO A POINT, AT THE PLACE OF BEGINNING. BEING Lot NO. 52, TRACT NO. 3, ON Plan OF Lots KNOWN AS CUMBERLAND PARK, WHICH Plan IS RECORDED IN THE CUMBERLAND COUNTY RECORDER'S OFFICE IN Plan BOOK 6, PAGE 3. TITLE 'TO SAID PREMISES VESTED IN Cameron Martin and Natalie Martin, h/w, by Deed from Josephine M. Wennell, widow, dated 03/09/2006, recorded 03/16/2006 in Book 273, Page 2874. PREMISES BEING: 30 SUSSEX ROAD, CAMP HILL, PA 17011-6648 PARCEL NO. 13-23-0557-068 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-2339 CIVIL TERM JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC vs. CAMERON MARTIN NATALIE MARTIN owner(s) of property situate in LOWER ALLEN TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 30 SUSSEX ROAD, CAMP HILL, PA 17011-6648 Parcel No. 13-23-0557-068 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: 5141,507.53 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC PHS # 264997 { `t Q = 1 DEFENDANT SERVICE TEAM/ lxh"" V 2 1 9: CAMERON MARTIN COURT NO.: 11-2339 CIVIL TERM NATALIE MARTIN E ?-y 3 SERVE CAMERON MARTIN AT: TYPE OF ACTION 30 SUSSEX ROAD XX Notice of Sheriff's Sale CAMP HILL, PA 17011-6648 SALE DATE: September 5, 2012 SERVED n Served and made known to CAMERON MARTIN, Defendant on the f4*day of kPP-1 L 201')-, at 7.23, o'clock ?. M., at (ocl7f) MXF?ec,n aSg.ZrcT in the manner described below: Defendant personally served. Wsbr/Af , pI} , - 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 30 s Height -51C _ Weight 190 Race W Sex I'" Other I, 1 - , 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 unswom falsification to authorities. X .4 FDatND 0*N.I lNJ£67'i6*"ON OfSCLOS?D / , DATE: A-11 6 It X NAME: (7 ?jl 'Fth}? beP14,007 R,6s,JE5 C 0-70 CCeA-R.F9(.PSTPRINTEDNAME: PACii,,dJ1N,1cI1 ( - 6;W96, P4 TITLE: Process Server 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 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq.. Id. No. 308877 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M s+ TO CHASE HOME FINANCE, LLC PHS # 264997 r C , v 3 s ( ; , , ; i DEFENDANT CAMERON MARTIN NATALIE MARTIN SERVE NATALIE MARTIN AT: 5503 MAIN STREET MILLERTON, PA 16936-9340 SERVICE TEAM/ lxh 2- 1 t ?:. 9: COURT NO.: 11-2339 CIVIL Td4 t f? } {{? BERLAN0 C0U TYPE OF ACTION I `11 S Y 1. V ^, H 9 A XX Notice of Sheriff's Sale SALE DATE: September 5, 2012 SERVED Served and made known to NATALIE MARTIN, Defendant on the S? day of i L 201)-,at -J' S o'clock ?. M., at Sso3 /emu S7,M?trP TVN,P4 , in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is _ - Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age 01 Height S'It Weight 156 Race _ KJ Sex ?P Other I "J 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: _ 44-1 ( NAME: PRINTED NAME: l.vl1?!t(1 Moll TITLE: Process Server 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 Other: 1 understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., [d. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq.. Id. No. 308877 TAR?' ?w T1p10 TNy P? ?????,?RI.AND ?pU@1SY ... ??^*3;?SYL'JAN1A Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC Plaintiff V. CAMERON MARTIN NATALIE MARTIN Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-2339 CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on February 25, 2011. 2. Judgment was entered on August 11, 2011 in the amount of $141,507.53. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 264997 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on September 5, 2012. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $131,798.14 Interest Through September 5, 2012 $17,263.63 Per Diem $21.61 Late Charges $523.69 Legal fees $1,300.00 Cost of Suit and Title $1,604.75 Property Inspections $126.00 Property Preservation $1,371.00 Mortgage Insurance Premium/ Private Mortgage Insurance $1,171.52 Escrow Deficit $2,926.53 TOTAL $158,085.26 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on July 19, 2012 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. 264997 A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) is attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: Phelan Hallinan & By:? Allison F. ells, Esquire ATTORNEY FOR PLAINTIFF 264997 Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC Plaintiff V. CAMERON MARTIN NATALIE MARTIN Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-2339 CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE CAMERON MARTIN and NATALIE MARTIN 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 30 SUSSEX ROAD, CAMP HILL, PA 17011-6648. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be 264997 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village 264997 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 Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. 264997 Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton 264997 Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 264997 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. 264997 Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & DATE: Ijy: ?---milli Is, Esquire Attorne for Plaintiff 264997 Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Sheetal R. Shah-Jani, Esq., Id. No.81760 1617 JFK Boulevard, Suite 1400 One Penis Center Plaza Philadelphia, PA 19103 215-563-7000 ; ...... .. -'1'; JPMORGAN CHASE BANK, COUNTY CUMBERLAND rn µr ASSOCIATION, S/B/M TO V) oc` CHASE HOME FINANCE, LLC :Z- COURT OF COMMON PLEASr Z Ws. CIVIL DIVISION =c EEi Sc CAMERON MARTIN No. 11-2339 CIVIL "TERM -? NATALIE MARTIN PRAECIPE FOR IN REM JU DGMENT F6 i TO x ANSWER AND ASSESSMENT OF I TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against CAMERON MARTIN, and NATALIE MARTIN, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $137,976.07 Interest - 03/01/2011 to 08/10/2011 $3,531.46 TOTAL $141,507.53 I hereby certify that (1) the Defendants' last known addresses are 6970 CLEARFIELD STREET, HARRISBURG, PA 17111, 30 SUSSEX ROAD, CAMP HILL, PA 17011-6648, and 5503 MAIN STREET, MILLERTON, PA 16936-9340, and (2) that notice has been given in accordance with Rule Pa.R.C,P;-4 p p? fl, Date in 11 Sheetal R. Shah Jani, squire Attorney for Plain a DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS # 264997 PROTHONOTARY. 264997 r PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX4: (215) 563-3459 Phelan I lallinan & Schmieg, LLP July 19, 2012 CAMERON MARTIN 6970 CLEARFIELD STREET HARRISBURG, PA 17111 CAMERON MARTIN NATALIE MARTIN 5503 MAIN STREET MILLERTON, PA 16936-9340 Representing Lenders in Pennsylvania and New Jersey CAMERON MARTIN NATALIE MARTIN 30 SUSSEX ROAD CAMP HILL, PA 17011-6648 RE: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC v.. CAMERON MARTIN and NATALIE MARTIN Premises Address:. 30 SUSSEX ROAD CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 11-2339 CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),1 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 24, 2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Allison F. 'QVeIls, Esquire Attorney for Plaintiff Enclosure 264997 Phelan Hallman & Schmieg. LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County v. CAMERON MARTIN NATALIE MARTIN Defendants No.: 11-2339 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. CAMERON MARTIN 6970 CLEARFIELD STREET HARRISBURG, PA 17111 CAMERON MARTIN NATALIE MARTIN 5503 MAIN STREET MILLERTON, PA 16936-9340 _ DATE: _ - ?61 ?! CAMERON MARTIN NATALIE MARTIN 30 SUSSEX ROAD CAMP HILL, PA 17011-6648 Phelan Hallinan & Schmieg, LLP B. Allison F. s, Esquire ATTORNEY FOR PLAINTIFF 264997 1 C ) - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC Plaintiff Court of Common Pleas Civil Division CUMBERLAND County V. No.: 11-2339 CIVIL TERM CAMERON MARTIN NATALIE MARTIN Defendants RULE f AND NOW, this day of ? 4 L 2012, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY COURT J. 264997 Allison F. Wells, Esq., Id. No.309519 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 ? CAMERON MARTIN 6970 CLEARFIELD STREET HARRISBURG, PA 17111 CAMERON MARTIN NATALIE MARTIN 5503 MAIN STREET MILLERTON, PA 16936-9340 I{d ?l? ??a es I-, 1W t/CAMERON MARTIN NATALIE MARTIN 30 SUSSEX ROAD CAMP HILL, PA 17011-6648 264997 264997 ?j'-OFF'tCL 1 PROs NFONOTPIr? y zm wG -9 km to: 21 Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.IW RLAND coUNTY 1617 JFK Boulevard, Suite 1400 1 ? NNSYLVANIA One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County vs. CAMERON MARTIN NATALIE MARTIN Defendants No.: 11-2339 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 31, 2012 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. CAMERON MARTIN 6970 CLEARFIELD STREET HARRISBURG, PA 17111 CAMERON MARTIN NATALIE MARTIN 30 SUSSEX ROAD CAMP HILL, PA 17011-6648 DATE: By: qw Attorney for Plaintiff CAMERON MARTIN NATALIE MARTIN 5503 MAIN STREET MILLERTON, PA 16936-9340 r Phelan Hallin c ' eg, LLP Allison W , Es ire 264997 t: 4E ~~`~~GFF i~~ d ~;' ~~' ~~ r~ t~~TN01~0YAi~ t PHELAN HALLINAN & SCHMIEG, LI~PA~~ ! ~ ~~ ~~: 4$Attorney for Plaintiff Allison F. Wells, Esq., Id. No.309519~a~1~~jj 1617 JFK Boulevard, Suite 1400 f U~BE~~ `r1N~ COUNS ~ One Penn Center Plaza ~ p~-~NSYLVANI A Philadelphia, PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL : CUMBERLAND COUNTY ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC COURT OF COMMON PLEAS Plaintiff, v. CAMERON MARTIN NATALIE MARTIN Defendant(s) CIVIL DIVISION No.: 11-2339 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(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 the persons or parties named, at that address, set forth on the Affidavit and as amended applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Retu~ Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". - ~~ Attorney for P Date: (~ IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may n. be sold in the absence of a representative of the plaintiff at the Sheriff s Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not prese at the sale. PHS # 264997 JPMORGAN CHASE BANK, NATIONAL . ASSOCIATION, S/B/M TO CHASE HOME FINANCE, . LLC Plaintiff v. CAMERON MARTIN NATALIE MARTIN Defendant(s) , COURT OF COMMONi PLEAS CIVIL DIVISION NO.: 11- CUMBERLAND PHS # 264997 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC, above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the folio information concerning the real property located at 30 SUSSEX ROAD, CAMP HILL, PA 17011-6648. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) CAMERON MARTIN 6970 CLEARFIELD STREET HARRISBURG, PA 17111 NATALIE MARTIN 5503 MAIN STREET MILLERTON, PA 16936-9340 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) Lower Allen Township Authority 120 Limekiln Road New Cumberland, PA 17070 Lower Allen Township Authority Daley, Zucker, Meilton, Miner & Gingrich, L.L.C. C/O Steven Paul Miner, ESQ. 635 N 12TH ST STE 101 LEMOYNE, PA 17403 in the :sold: •. 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 30 SUSSEX ROAD CAMP HILL, PA 17011-6648 Commonwealth of Pennsylvania Bureau of 6th Floor, Strawberry Sq. Individual Taxes Inheritance Tax Division Dept 280601 Harrisburg, PA 17128 Department of Public Welfare, TPL Casualty P.O. Box 8486 Unit, Estate Recovery Program Willow Oak Building Harrisburg, PA 17105 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice 228 Walnut Street, Suite 220 U.S. Attorney for the Middle District of PA PO Box 11754 Federal Building Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the enalties of I8 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: ~ `~ By: Phelanan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff Name and Phelan Hallman & Schmieg, LLP Address ~ 16171FK Boulevard, Suite 1400 Of Sender One Penn Center Plaza Philsdelohia_ PA 19103 •~rru cr_ _ nnaeenni, c. r o X9102 QA pF2 e- y x /~ n'' m Line Article Number Name of Add Street, and Post Office Address ~ p L **a" Lower Allen Towusbip Authority Sp 120 Limdciln Road New Cumberland, PA 17070 2 aaa• Lower Alku Towmhip Authority C/O Steveu Paul Miser, ESQ. Daley, Zucker, Meiltoo, Miser Jc Gingrich, L.L.C. 635 N 12TH ST STE lOl LEMOYN PA 17403 j saws 4 as:a RE: CAMERON MARTIN CUMBERLAND PHSM 261997/1026 P e 1 of 1 45 Da Tool Nueba d Piecen IiRed by Seder Taal Numbs d Pieces Reesived m Port Office Paamuare. Per I1+~ of Rxevmt F~oY~) The all deelmauaa dwhe~~ o~~domm~rd~~a~oev~ for 0u:'eOOMllgia" d Pwae uubJaa b ^ IINYI dfr00,000 pv oaanoa. The aYximom tademuily pereble m The mimum adOmry eble ie 523 ' 000 r d l _ _. py , ar ~eg maa mm ,>em wi16 aprtooul iertufoce. 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H C .r ~ °' 9 ° ~ ~: p1p ~ Ci7 ~ C i i a n ~, ~3.5o ~ y C, ~ a' ~ ° o ~ rn '~ yC ~ g ~ ., . ~ ~ rV ~ ~.N ~~oo= ~„^ o C z ~ R y ~ a G A R N ;~ ~ ~ ~~ f ~ a w x ~. •9"r`~i • _ 3 ~ d ~ ~~ ~ ~ ~~ _ 7 . w ~ _. ~ s 3 0 o }. c n o b~ ^W. A O N _.._ ......, v..,_-.. ~ ~ ~ n A C ~,.,,_T ~...__ ....._. _... H ~ 0 3 C ~ N ~ d ~ (€t ~ 1 R n k n H n C o,~ ~ H ~ ~ n ~ x ~ w ~ ~. H n ~ _ ~~nn ~ ~ o ~ i ~ ~ .. G+O ~ i ~ p ,f { i ~r. ~ '9 N. ~ V w o ~ ? .-~ ~ p'i - ' C O ~ ' ~~~. ~~ oaz '-A d N (n ¢' ~ y c~ d ti ~ a 1 ~ ~s ~~_ ~w no~- 7 C ~ N ~ ~~ ~ a~ ~ ~~ ~a ~~ ~~ .~ ~ o C-. c ,.~ FILED-OFFICE TH : ROTHONOTAR; i Phelan Ha?llinan & Schmieg, LLP Allison F.' Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563- 000 2012 AUG 23 AM 10: 41 CUMBERLAND COUNTY F E NN S Y LVA N( ,ATTORNEY FOR PLAINTIFF JPMORG N CHASE BANK, NATIONAL ASSOC TION, SB/M TO CHASE HOME FINANCE', LLC Plaintiff vsa CAMER N MARTIN NATALI MARTIN Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 11-2339 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC, by and through its attorney, hereby petitions this Honorable Court to make Rulo to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: L A Motion to Reassess Damages was filed with the Court on July 27, 2012. 2. Li In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proppsed Motion to Reassess Damages and Order to the Defendants on July 19, 2012 and requested ?he Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) is attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable Albert H. Masland on July 31, 2012 directing t?e Defendants to show cause by August 20, 2012 why the Motion to Reassess Damages ?hould not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 264997 4. The Rule to Show Cause was timely served upon all parties on August 8, 2012 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of August 20,, 2012. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. DATE: 264997 Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey July 10, 2012 CAMERON MARTIN CAMERON MARTIN 6970 LEARFIELD STREET NATALIE MARTIN HA ISBURG, PA 17111 30 SUSSEX ROAD CAMP HILL, PA 17011-6648 CAM RON MARTIN NATA LIE MARTIN 5503 MAIN STREET MILLERTON, PA 16936-9340 RE: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SIBIM TO CHASE HOME FINANCE, LLC v. CAMERON MARTIN and NATALIE MARTIN Premises Address: 30 SUSSEX ROAD CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 11-2339 CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concu ence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by July 24, 2012. Should you have further questions or concerns, please do not hesitate to contact me. Other% jise, please be guided accordingly. Very trj ly yours, . Allison F. "lls, Esquire Attorney for Plaintiff Enclosure 264997 Exhibit "B" C7 `=4 F 7-M 1 CD C_. ^J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPM RGAN CHASE BANK, NATIONAL Court of Common Pleas ASS CIATION, S/B/M TO CHASE HOME FINA CE, LLC Civil Division Plaintiff CUMBERLAND County V. No.: 11-2339 CIVIL TERM CAM?RON MARTIN : NAT LIE MARTIN Defendants RULE Al D NOW, this 3 day of 2012, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Dam*cs. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT /St # 14 - AAA-4-0101 J. 264997 Exhibit "C" I'helat? Hannan & Sc.hmieg Allison F. Wells, Esq., ld. N0.3,gl6WRLANG C©Ut4 1617 J `I{ Boulevard, Suite 1400 pENNSYI.VNt Ip, One Penn Center Plaza Philad lphia, PA 19103 215-5 3-7000 JPMO WAN CHASE BANK, NATIONAL ATTORNEY FOR PLAINTIFF Court of Common Pleas ASSO IATION, S/B/M TO CHASE HOME AtWrrr? ,: FINA CE, LLC y r ?„ UujC ivil Division Plaintiff ^'`rftli CUMBERLAND County vs. No.: 11-2339 CIVIL TERM CAMERON MARTIN NAT LIE MARTIN Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 31, 2012 Rule directing the Defendants to show cause as to why Plus Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. C RON MARTIN 6970 LEARFIELD STREET HARRISBURG, PA 17111 CA RON MARTIN NAT LIE MARTIN 30 SUSSEX ROAD CA HILL, PA 17011-6648 DATE CAMERON MARTIN NATALIE MARTIN 5503 MAIN STREET MILLERTON, PA 16936-9340 Phelan Halle ' g LLP By: Allison ' Esquire Attorney for Plaintiff 264997 Phelan H linan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza PhiladelD 'a. PA 19103 ATTORNEY FOR PLAINTIFF 215-563- JPMORG N CHASE BANK, NATIONAL ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC Plaintiff vs. CAMERON MARTIN NATALI MARTIN Court of Common Pleas Civil Division CUMBERLAND County No.: 11-2339 CIVIL TERM Defendants CERTIFICATION OF SERVICE I h?reby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute were serv4d upon the following individuals on the date indicated below. CAMER N MARTIN 6970 CL IELD STREET HARRISB URG, PA 17111 CAMERO N MARTIN NATALI MARTIN 30 SUSSE X ROAD CAMP HI LL, PA 17011-6648 DATE: CAMERON MARTIN NATALIE MARTIN 5503 MAIN STREET MILLERTON, PA 16936-9340 Allison F. Wells, Esquire Attorney for Plaintiff iea. LLP 264997 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL Court of Common Pleas ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC Civil Division Plaintiff CUMBERLAND County vs. No.: 11-2339 CIVIL TER °~ x' -~ CAMERON MARTIN m'~"s ss ran -79 NATALIE MARTIN ~` ~ -~ ~, ~~' ~ ~~. Defendantsrw 4 ~~ ~ ~ ~~' ORDER p` ~ ~ ~ ~ ~' ~ AND NOW, this ~ y ~~~ , ,upon consideration of Plaintiff's da of w>~ 2012 f *~ ~ "`~ ~~ Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby r'iRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through September 5, 2012 Per Diem $21.61 Late Charges Legal fees Cost of Suit and Title Property Inspections Property Preservation Mortgage Insurance Premium/ Private Mortgage Insurance Escrow Deficit TOTAL $131,798.14 $17,263.63 $523.69 $1,300.00 $1,604.75 $126.00 $1,371.00 $1,171.52 $2,926.53 $158,085.26 Plus interest from September 5, 2012 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. ~ ~ r~'er°K ~lt~i K ~~k fr't //YlQr~r'h ~ /ql ~ `Son !'- (~-~° `~S LL~ c©p;~s w~• 1~~ ~Ia~J~a- e~ BY E COURT: J. 264997