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HomeMy WebLinkAbout12-1053FILED-OFFICE O THE PROTHONOT;%Fi '( 2012 FEB 21 AM ID: 22 CUMBERLAND COUNTY PENNSYLVANIA ATTORNEY FOR PLAINTIFF PHELAN HALLINAN & SCHMIEG, LLP Mario J. Hanyon, Esq., Id. No.203993 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JP MORGAN CHASE BANK, NATIONAL ASSOCIATION 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff V. JARED C. SMITH ALISHA J. SMITH 1178 SHOREHAM ROAD CAMP HILL, PA 17011-6135 Defendants COURT OF COMMON PLEAS CIVIL DIVISION 275153 TERM 1 o s3 C`i U? l NO. c 4" CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 275153 0 atx4 -* 103,7S pd C16 a 50- ,, 12 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 #: 275153 I . Plaintiff is JP MORGAN CHASE BANK, NATIONAL ASSOCIATION 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: JARED C. SMITH ALISHA J. SMITH 1178 SHOREHAM ROAD CAMP HILL, PA 17011-6135 who is/are the mortgagor(s) and/or real .owner(s) of the property hereinafter described. 3. On 07/22/2005 JARED C. SMITH and ALISHA J. SMITH made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book 1916, Page 1314.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2011 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 #: 275153 6 The following amounts are due on the mortgage as of 06/29/2011: Principal Balance $127,237.76 Interest $4,239.36 12/01/2010 through 06/29/2011 Late Charges $201.35 Property Inspections $28.00 Property Preservation $68.00 Escrow Deficit 974.38 TOTAL $132,748.85 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. The mortgage premises are vacant and abandoned. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $132,748.85, together with interest, 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: Mario J. Hanyon, Esquire Attornev for Plaintiff File #: 275153 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land, with the buildings and improvements thereon erected and situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bonded and descried as follows, to wit: BEGINNING at a point on the northwesterly side of Shoreham Road (50 feet wide) said point being 595 feet northeast of the north corner of Shoreham Road and Norman Road; thence extending along Lot No. 18 on the hereinafter mentioned Plan of Lots North 38 degrees 13 minutes West 110 feet to a point in the line of lands now or late of Blouch Bros.; thence along said land North 51 degrees 47 minutes East 55 feet to a corner of Lot No. 20 on said Plan; thence along Lot No. 20 South 38 degrees 13 minutes East 110 feet to a point on the northwesterly side of Shoreham Road; thence along said Road South 51 degrees 47 minutes West 55 feet to the point and place of BEGINNING. BEING Lot No. 19, Block 'P' on a Plan of Lots of Highland Park recorded in Plan Book 4 page 98, Cumberland County records. HAVING THEREON ERECTED a one-story brick and frame dwelling known and numbered as 1178 Shoreham Road, Highland Park, Camp Hill, Pennsylvania. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights of way of record. File k 275153 BEING the same premises which Charles B. Ewing and Charles D. Ewing, by Deed dated 12/03/04 and recorded 12/17/04 in Cumberland County Record Book 266, Page 3702, granted and conveyed unto Richard L. Reinert, in fee. Parcel No: 13-23-0545-101 PROPERTY ADDRESS: 1178 SHOREHAM ROAD, CAMP HILL, PA 17011-6135 PARCEL # 13-23-0545-101 File #: 275153 VERIFICATION U hereby states that he/she is Vlae fesl&of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information, and belief. 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:- \pllbj?l File#: 275153 Name: SMITH 4"% WIkW664- Name: Title: \h Cf- ce5( d nt JPMORGAN CHASE BANK, NATIONAL ASSOCIATION File #: 275153 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson a i Sheriff X01atit ct cutljt,, cij Jody S Smith `Chief Deputy a?.nC t+', ?; Ja Richard W Stewart ?,`? .. Solicitor li it t JP Morgan Chase Bank, NA Case Number vs. Jared C. Smith (et al.) 2012-1053 SHERIFF'S RETURN OF SERVICE 02/22/2012 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: Alisha J. Smith, 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 Alisha J. Smith. Request for service at 3135 Orrstown Road, Shippensburg, Pennsylvania 17257 is located in Franklin County. 02/22/2012 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: Alisha J. Smith, 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 Alisha J. Smith. Request for service at 3135 Orrstown Road, Shippensburg, Pennsylvania 17257 is located in Franklin County. 02/28/2012 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: Jared C. Smith, 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 Jared C. Smith. Request for service at 1178 Shoreham Road, Camp Hill, Pennsylvania 17011 appears vacant. The Camp Hill Postmaster has advised, they are unable to forward the Defendant's mail. 02/28/2012 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: Alisha J. Smith, 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 Alisha J. Smith. Request for service at 1178 Shoreham Road, Camp Hill, Pennsylvania 17011 appears vacant. The Camp Hill Postmaster has advised, they are unable to forward the Defendant's mail. 03/21/2012 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: Alisha J. Smith, 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 Alisha J. Smith. Request for service at 145 Ridge Road, Newville, Pennsylvania 17241 the Defendant was not found. Deputies were advised by The Newville Postmaster Alisha J. Smith's is not known at this address. 03/21/2012 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: Jared C. Smith, 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 Jared C. Smith. Request for service at 145 Ridge Road, Newville, Pennsylvania 17241 the Defendant was not found. Deputies were advised by The Newville Postmaster Jared C. Smith's is not known at this address. SHERIFF COST: $165.00 March 21, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (cj Gnun;,?S!Ao '! ff Teiraas.?Yt. Inc. PHELAN HALLINAN & SCHMIEG, LLP PROTHONOTA } John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 201211AY 23 AM t0: 2ll One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND COUNTY 215-563-7000 PENNSYLVANIA JP MORGAN CHASE BANK, NATIONAL COURT OF COMMON PLEAS ASSOCIATION Plaintiff CIVIL DIVISION vs. : CUMBERLAND COUNTY JARED C. SMITH No. 2012-1053-CIVIL ALISHA J. SMITH Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN UAI AN & SCHMIEG, LLP By: heel Kolesnik, Esq., Id. No.308877 for Plaintiff Date: May 22, 2012 /cjv, Svc Dept. File# 275153 D Ck,?j ??gIS9o ?? C2 7S (off/ 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 JP MORGAN CHASE ASSOCIATION Plaintiff BANK, NATIONAL vs. JARED C. SMITH ALISHA J. SMITH Defendants fi THt P1?0 lot- 2012 Ica#6' rAR JUL 12 AM ID: CUIERLANO 8 jNry PEkNsYLV ol WjA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 2012-1053-CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the captioned matter. PHELAN HALLINAN & SCHMIEG, LLP By: Jo i ael Kolesnik, Esq., Id. No. 308877 ttorney for Plaintiff Date: July 10, 2012 JMK/clo, Svc Dept. File# 275153 S QWO 11 ll .75 e?,# Sao '11L# -777 4 al? cac(p ss-a SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson , ,. t - o'-F- tk al rt?l??ic;?r Sheriff ' HI f'R f r ONO, Jody S Smith' Chief Deputy 2t' 12 SEP -6 AM 10: 14 Richard W Stewart CUMBERLAND COUNly - Solicitor PENNSYLVANIA JP Morgan Chase Bank, NA Case Number vs. Jared C. Smith (et al.) 2012-1053 SHERIFF'S RETURN OF SERVICE 07/12/2012 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: Jared C. Smith, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 07/1212012 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: Jared C. Smith, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 07/12/2012 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: Alisha J. Smith, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 07/12/2012 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: Alisha J. Smith, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 08/02/2012 02:53'0M - Franklin County Return: And now August 2, 2012 at 1453 hours I, Dane Anthony, Sheriff of Franklin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Alisha J. Smith by making known unto herself personally, at 330 Holswart Drive, Shippensburg, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. 08/03/2012 Franklin County Return: And now, August 3, 2012 I, Dane Anthony, Sheriff of Franklin County, Pennjylvania, do hereby certify and return, that I made diligent search and inquiry for Jared C. Smith the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of Franklin and therefore return same NOT FOUND. Request for service at 3135 Orrstown Road, Shippensburg, Pennsylvania 17257 the Defendant was not found. Jared C. Smith currently resides at 330 Holswart Drive, Shippensburg, Pennsylvania 17257. 08/03/2012 02:53 PM - Franklin County Return: And now August 3, 2012 at 1453 hours I, Dane Anthony, Sheriff of Franklin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jared C. Smith by making known unto himself personally, at 330 Holswart Drive, Shippensburg, Pennsylvania 17257 its contents and at!,the same time handing to himself personally the said true and correct copy of the same. 08/13/2012 Franklin County Return: And now, August 13, 2012 I, Dane Anthony, Sheriff of Franklin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Alisha J. Smith the defendant named in the within Complaint and that I am unable to find her in the County of Franklin and therefore return same NOT FOUND. Deputies were advised Alisha J. Smith no longer resides at 3135 Orrstown Road, Shippensburg, Pennsylvania 17257. :ountySuite Sl,ef: `f, "fG ti"s'nfL. in SHERIFF COST: $85.00 August 28, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF jc! Cou%-tySuite Sheriff, i6'BGCa:`t, Ino 1 /27 /2?'.2 1 35 7'.72513882 SHERIFF'S RETURN - NOT FOUND CASE NO: 2012-00170 T COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN JP MORGAN CHASE BANK NA VS ALISHA J 43MITH PAGE 01/e1 KENNETH W'HALL , Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: SMITH JARED but was unable to 'locate Him in his bailiwick. He therefore returns the COMP MORT FORE NOT FOUND , as to the within named DEFENDANT , SMITH JARED 3135 ORRSTOWN ROAD SHIPPENSBUAG, PA 17257 ATTEMPTED i3AUG2012; DEF NO LONGER LIVES AT RtSIDENCE Sheriff's Costs: Ss: Docketing .00 Service .00 Affidavit .00 L Surcharge.00 THONY, Sheriff .00 -00 PHELAN HALLINAN AND SCHMIEG 08/27/2012 Sworn and subscribed to efore me this day of A.D. Notary I SHERIFF'S RETURN - NOT SERVED CASE NO: 2012-00170 T COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN JP MORGAN CHASE BANK NA VS ALISHA J SMITH KENNETH W'HALL , Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: OUTMIJ 7TT.TQ'EJA .T but was unable to locate Her in his bailiwick. He therefore returns the COMP MORT FORE the within named DEFENDANT . SMITH ALISHA J NOT SERVED , as to 3135 ORRStOWN ROAD SHIPPENSBURG, PA 17257 ATTEMPTED'8/3/12; DEF NO LONGER LIVES AT RESIDENCE Sheriff's Costs: So answers: Docketing .00 Service .00 < Affidavit .00 NNE W HALL Surcharge .00 .00 .00 PHELAN HALLINAN AND SCHMIEG 08/13/2012 Sworn and subscribed to before me this day of o??( A.D.. COMMONVI EA NSYLVANIA 0 I LS RICHARD . MCCARTY, Notary Public Chambers" Boro., Franklin County My Commission Enplres Jan. 29, 2015 SHERIFF'S RETURN - REGULAR CASE NO: 2012-00170 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN JP MORGAN CHASE BANK NA VS ALISHA J SMITH KENNETH W HALL Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMP MORT FORE SMITH ALISHA J was served upon DEFENDANT the at 1453:00 Hour, on the 2nd day of August , 2012 at 330 HOLSWART DRIVE SHIPPENSBURG, PA 17257 by handing to ALISHA J SMITH a true and attested copy of COMP MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing .00 Service .00 KENNETH W HA Affidavit .00 Surcharge .00 By .00 Depu y Sheriff .00 08/ 3/2012 PHELAN HALLINAN AND SCHMIEG Sworn and Subscribed to before me this /(;?4 &--day of .2e f.Z A.D. D. McCARTY, Notary Public burg Boro., Franklin County ssion Expires Jan. 29, 2015 SHERIFF'S RETURN - REGULAR CASE NO: 2012-00170 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN JP MORGAN CHASE BANK NA VS ALISHA J SMITH KENNETH W',HALL , Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the 'within COMP MORT FORE SMITH JARED was served upon the DEFENDANT , at 1453:00 Hour, on the 3rd day of August , 2012 at 330 HOLSWART DRIVE SHIPPENSBTIRG, PA 17257 by handing to JARED C SMITH a true and attested copy of COMP MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing .00 Service .00 KENNET HAL Affidavit .00 Surcharge .00 By X .00 Depu Sheriff .00 08/ /2012 PHELAN HALLINAN AND SCHMIEG Sworn and Subscribed to before me this day of o?A _?_ A. D. n COMMONWEALTH OF P D. McCARTY, Notary Public burg Boro., Franklin County ssion Expires Jan. 29, 2015 F11 - 9 � Clrt ` � #'kOTH1 ;y Tr,i 't PHELAN HALLINAN, LLP � �A� �� I , Attorney for Plaintiff Jonathan Lobb,Esq., Id. No.31217 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 215-563-7000 JP MORGAN CHASE BANK, CUMBERLAND COUNTY NATIONAL ASSOCIATION , COURT OF COMMON PLEAS VS. CIVIL DIVISION JARED C.SMITH ALISHA J.SMITH No.2012-1053-CIVIL 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 JARED C SMITH,aud ALISHA J.SMITH,Defendants 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 $132,748.85 TOTAL $132,748.85 I hereby certify that(1)the Defendants'last known addresses are 330 HOLSWART DR, SHIPPENSBURG, PA 17257-8924 and 1178 SHOREHAM ROAD, CAMP HILL, PA 17011- 6135, and (2)that/notice has been given in accordance with Rule Pa.R.C.P 237.1. Date lll--- ---- than tLobb,,,Esq., Id. No.312174 ttomey intiff DAMAGES RE REBY ASSESSED AS INDICATED. l� DATE: jotv- PROTHONOTARY 275153 PHELAN HALLINAN, LLP Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 JP MORGAN CHASE BANK, CUMBERLAND COUNTY NATIONAL ASSOCIATION . COURT OF COMMON PLEAS VS. CIVIL DIVISION JARED C.SMITH ALISHA J.SMITH No.2012-1053-CIVIL 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 defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant JARED C. SMITH is over 18 years of age and last known addresses are 330 HOLSWART DR, SHIPPENSBURG,PA 17257-8924 and 1178 SHOREHAM ROAD, CAMP HILL, PA 17011-6135. (c) that defendant ALISHA J. SMITH is over 18 years of age and last known addresses are 330 HOLSWART DR, SHIPPENSBURG,PA 17257-8924 and 1178 SHOREHAM ROAD, CAMP HILL, PA 17011-6135. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date J an Lobb,Esq., Id. No.312174 orney for Plaintiff 275153 Department of Defense Manpower Data Center Results as of:Mar-,4-20,3,2.,3:05 SCRA 3.0 1% R Punmwfl tO SM&MOMbaz Chit MW Act Last Name: SMITH First Name: JARED Middle Name: C Active Duty Status As Of: Mar-14-2013 NA NA _a NA This response re gtShN_ talus Date o 4 • - 1i 0u�6tert to NA ..NA This response reflects ;!indpidual left pr ty Status Date NA NA This response reflects whetherg o report for active duty Upon searching the data banks of the Department of Defense Manpo A on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. jL J ii eere Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Department of Defense Manpower Data Center Results as of:Mar-14-201312:13:01 91�� SCRA 3.0 Sft R Last Name: SMITH First Name: ALISHA Middle Name: J Active Duty Status As Of: Mar-14-2013 g ': Adive E)ulp'S1arl Dew ,a � �r �-`• ��� .."" e �€ '1 x 2a "�- �v c•n d, � R54�pwfllilt NA NA This response re a NA Qn fetus Date NA Z Pala £y _, `y" f 3 Jet.e NA This response reflects 1i.indtlual left Heys precadll(j "-ty Status Date NA x a t x i NA This response reflects whether un o report for active duty Upon searching the data banks of the Department of Defense Manpowe don the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. aAwe�l���r�l'1�11 Mary M.Snavely-Dixon,Director / Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 (Rule of Civil Procedure No. 236) - Revised JP MORGAN CHASE BANK,NATIONAL CUMBERLAND COUNTY ASSOCIATION COURT OF COMMON PLEAS VS. JARED C.SMITH CIVIL DIVISION ALISHA J.SMITH No.2012-1053-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on 1J a «� r By: If you have any questions concerning this matter please contact: Phelan Hallinan,LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 275153 JP MORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS ASSOCIATION CIVIL DIVISION Plaintiff V. NO. 2012-1053-CIVIL JARED C.SMITH ALISHA J.SMITH CUMBERLAND COUNTY Defendant(s) TO: JARED C.SMITH 330 HOLSWART DR SHIPPENSBURG,PA 17257-8924 DATE OF NOTICE: - THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE, IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE 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 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 INFORMATIONABOUT 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. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: 'F Jo Lobb,Esq.,Id.No.312174 orney;for Plaintiff lan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#275153 JP MORGAN CHASE BANK, NATIONAL COURT OF COMMON PLEAS ASSOCIATION CIVIL DIVISION Plaintiff V. NO. 2012-1053-CIVIL JARED C.SMITH ALISHA J.SMITH CUMBERLAND COUNTY Defendant(s) TO: JARED C.SMITH 1178 SHOREHAM ROAD CAMP HILL,PA 17011-6135 DATE OF NOTICE: ' THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE 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 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. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 I3yJarthan Lobb,Esq.,Id.No.312174 y for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#275153 JP MORGAN CHASE BANK, NATIONAL COURT OF COMMON PLEAS ASSOCIATION CIVIL DIVISION Plaintiff V. NO. 2012-1053-CIVIL JARED C.SMITH ALISHA J.SMITH CUMBERLAND COUNTY Defendant(s) TO: ALISHA J. SMITH 330 HOLSWART DR SHIPPENSBURG,PA 17257-8924 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE 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 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, TMS 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 BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By;. orney.jLobb,Esq.,Id.No.312174 Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#275153 JP MORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS ASSOCIATION CIVIL DIVISION Plaintiff V. NO. 2012-1053-CIVIL JARED C.SMITH ALISHA J.SMITH CUMBERLAND COUNTY Defendant(s) TO: ALISHA J.SMITH 1178 SHOREHAM ROAD CAMP HILL,PA 17011-6135 DATE OF NOTICE: 2/Z THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE 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 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. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 B J Lobb,Esq.,Id.No.312174 ey for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#275153 B18(Official Form 18)(12107) United States Bankruptcy Court Middle District of Pennsylvania Case No. 1:12—bk-00976—MDF Chapter 7 In re Debtor(s)(name(s)used by the debtor(s)in the last 8 years,including married,maiden, trade,and address): Jared Coleman Smith Alisha Jane Smith 330 Holswart Drive 330 Holswart Drive Shippensburg,PA 17257 Shippensburg,PA 17257 Social Security/Individual Taxpayer ID No.: xxx—xx-0076 xxx—xx-2210 Employer Tax ID/Other nos.: DISCHARGE OF DEBTOR It appearing that the debtor is entitled to a discharge, IT IS ORDERED: The debtor is granted a discharge under section 727 of title 11,United States Code, (the Bankruptcy Code). BY THE COURT Dated: 5/30112 Mary D.France United States Bankruptcy Judge SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION. Case 1:12-bk-00976-MDF Doc 17 Filed 05/30/12 Entered 05/30/12 01:00:17 Desc Ch 7 Discharge Page 1 of 2 B18(Official Form 18)(12107)—Cont. EXPLANATION OF BANKRUPTCY DISCHARGE IN A CHAPTER 7 CASE This court order grants a discharge to the person named as the debtor. It is not a dismissal of the case and it does not determine how much money,if any,the trustee will pay to creditors. Collection of]discharged Debts Prah*bited The discharge prohibits any attempt to collect from the debtor a debt that has been discharged.For example,a creditor is not permitted to contact a debtor by mail,phone,or otherwise,to file or continue a lawsuit,to attach wages or other property,or to take any other action to collect a discharged debt from the debtor.[In a case involving community property: There are also special rules that protect certain community property owned by the debtor's spouse,even if that spouse did not file a bankruptcy case.]A creditor who violates this order can be required to pay damages and attorney's fees to the debtor. However,a creditor may have the right to enforce a valid lien,such as a mortgage or security interest,against the debtor's property after the bankruptcy,if that lien was not avoided or eliminated in the bankruptcy case. Also,a debtor may voluntarily pay any debt that has been discharged. Debts That are Discharged The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged.Most,but not all,types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this case was begun under a different chapter of the Bankruptcy Code and converted to chapter 7,the discharge applies to debts owed when the bankruptcy case was converted.) Debts That are Not Discharged Some of the common types of debts which are Ugi discharged in a chapter 7 bankruptcy case are: a.Debts for most taxes; b. Debts incurred to pay nondischargeable taxes; c.Debts that are domestic support obligations; d.Debts for most student loans; e.Debts for most fines,penalties,forfeitures,or criminal restitution obligations; f.Debts for personal injuries or death caused by the debtor's operation of a motor vehicle,vessel,or aircraft while intoxicated; g. Some debts which were not properly listed by the debtor; h.Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not discharged; i.Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in compliance with the Bankruptcy Code requirements for reaffirmation of debts;and j.Debts owed to certain pension,profit sharing,stock bonus,other retirement plans,or to the Thrift Savings Plan for federal employees for certain types of loans from these plans. This information is only a general summary of the bankruptcy discharge.There are exceptions to these general rules.Because the law is complicated,you may want to consult an attorney to determine the exact effect of the discharge in this case. I I Case 1:12-bk-00976-MDF Doc 17 Filed 05!30!12 Entered 05/30/1201:00:17 Desc Ch 7 Discharge Page 2 of 2 Notice Recipients District/Off.0314-1 User:admin Date Created:05/30/2012 Case: 1:12—bk-00976—MDF Form ID:B18 Total:41 Recipients submitted to the BNC(Bankruptcy Noticing Center)without an address: cr JP Morgan Chase Bank,National Association TOTAL: 1 Recipients of Notice of Electronic Filing: ust United States Trustee ustpregion03.ha.ecf @usdoj.gov tr Leon P.Haller(Trustee) lhaller @pkh.com aty Joseph P Schalk pamb @fedphe.com aty Paul Donald Murphy—Ahles pdmurphy @dennisboylelaw.com TOTAL:4 Recipients submitted to the BNC(Bankruptcy Noticing Center): db Jared Coleman Smith 330 Holswart Drive Shippensburg,PA 17257 jdb Alisha Jane Smith 330 Holswart Drive Shippensburg,PA 17257 4042846 AES 1200 N.7th Street Harrisburg,PA 17102 4042847 Allied Interstate 3000 Corporate Exchange Dr. 5th Floor Columbus,OH 43231 4042848 Allied Interstate Inc. PO Box 361596 Columbus,OH 43236-1596 4042849 Bank of America P.O.Box 982238 El Paso,TX 79998 4042850 Capital One P.O.Box 85520 Richmond,VA 23285 4042851 Carlisle Regional Medical Center P.O.Box 4100 Carlisle,PA 17015 4042852 Chase Mortgage 10790 Rancho Bernardo Road San Diego,CA 92127 4042853 Collection Service of Athe 110 Newton Bridge Road Bld Athens,GA 30607 4042854 Comcast Billing 1555 Suzy Street Lebanon,PA 17046 4042855 Dell Financial Services P.O.Box 6403 Carol Stream,IL 60197-6403 4042856 Eastern Account System 75 Glen Rd Ste 110 Sandy Hook,CT 06482 4042858 Federal Loan Service PO Box 2461 Harrisburg,PA 17105 4042857 Federal Loan Service PO Box 69184 Harrisburg,PA 17106 4042859 GEcrb/Home Design CE/App P.O.Box 981439 El Paso,TX 79998 4042860 Gecrb/lowbrc P.O.Box 981400 El Paso,TX 79998 4042861 Home Depot Credit Services P.O.Box 182676 Columbus,OH 43218 4042862 Karl E.Lugus,DDS 749 Old Norcross Road Suite B Lawrenceville,GA 30046 4042863 Keystone Rural Health Center 755 Norland Avenue,Suite 200 Chambersburg,PA 17201 4042864 Kohl's P.O.Box 2983 Milwaukee,WI 53201 4042865 Lower Allen Township 2233 Gettysburg Road Camp Hill,PA 17011 4042866 Lowes PO Box 530914 Atlanta,GA 30353-0914 4042867 One Main Financial P.O.Box 183172 Columbus,OH 43218-3172 4042871 PSECU PO Box 1006 Harrisburg,PA 17108 4042868 Penn Credit 916 S 14th St Harrisburg,PA 17104 4042869 Pennsylvania American Water PO Box 578 Alton,IL 62002-0578 4042870 Professional Recovery Consultants P.O.Box 51187 Durham,NC 27717 4042872 Santander Consumer USA PO Box 961245 Fort Worth,TX 76161 4042873 Summit Physician Services 785 5th Ave.,Suite 3 Chambersburg,PA 17201 4042874 Torres Credit Services,Inc. PO Box 189 Carlisle,PA 17013-0189 4042875 UGI PO Box 71203 Philadelphia,PA 19176 4042876 United Recovery Systems,Inc. 5800 North Course Drive Houston,TX 77072 4042879 VW Credit PO Box 7572 Libertyville,IL 60048-7572 4042877 Victoria's Secret PO Box 659728 San Antonio,TX 78265-9728 4042878 Vital Recovery Services PO Box 923748 Norcross,GA 30010-3748 TOTAL:36 Case 1:12-bk-00976-MDF Doc 17-1 Filed 05/30/12 Entered 05/30/12 01:00:17 Desc 7 Ch 7 Discharge: Notice Recipients Page 1 of 1 g PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 JP MORGAN CHASE BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff V. CIVIL DIVISION JARED C.SMITH NO.:2012-1053-CIVIL ALISHA J.SMITH Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: ",- c:_ -a3 e-~' Amount Due t*ta =C $132,748.85 r~ Interest from 03/16/2013 to Date of Sale to f V -3 ($21.82 per diem) 3 774.86 -C CO >c-,- � TOTALw $136,523.71 ; te an Hallinan,LLP Meredith Wooters,Esq.,Id.No307207 Attorney for Plaintiff Note: Please attach description of property. PHS#275153 O 4a8.50 PO R Ty 85. 00 I J • 75 , 16- 50 4aa.c�S- -Po ATE a.as DAC' 'So L-L e� 1�e5�i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA JP MORGAN CHASE BANK,NATIONAL ASSOCIATION Plaintiff V. JARED C. SMITH ALISHA J.SMITH Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Filed: Address where papers may be served: Ph` an a an,LLP JARED C. SMITH 330 HOLSWART DRIVE Meredith Wooters,Esq., Id. No.307207 SHIPPENSBURG,PA 17257-8924 Attorney for Plaintiff ALISHAJ.SMITH 330 HOLSWART DRIVE SHIPPENSBURG,PA 17257-8924 B18(Official Form 18)(12/07) United States Bankruptcy Court Middle District of Pennsylvania Case No. 1:12—bk-00976—MDF Chapter 7 In re Debtor(s)(name(s)used by the debtor(s) in the last 8 years, including married,maiden, trade, and address): Jared Coleman Smith Alisha Jane Smith 330 Holswart Drive 330 Holswart Drive Shippensburg,PA 1.7257 Shippensburg,PA 17257 Social Security/Individual Taxpayer ID No.: xxx—xx-0076 xxx—xx-2210 Employer Tax ID/Other nos.: DISCHARGE OF DEBTOR It appearing that the debtor is entitled to a discharge, IT IS ORDERED: The debtor is granted a discharge under section 727 of title 11,United States Code, (the Bankruptcy Code). BY THE COURT Dated: 5/30/12 Mary D.France United States Bankruptcy Judge SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION. Case 1:12-bk-00976-MDF Doc 17 Filed 05/30/12 Entered 05/30/12 01:00:17 Desc Ch 7 Discharge Page 1 of 2 B18(Official Form 18)(12107)—Cont. EXPLANATION OF BANKRUPTCY DISCHARGE IN A CHAPTER 7 CASE This court order grants a discharge to the person named as the debtor. It is not a dismissal of the case and it does not determine how much money,if any,the trustee will pay to creditors. Collection of Discharged Debts Prohibited The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example,a creditor is not permitted to contact a debtor by mail,phone,or otherwise,to file or continue a lawsuit,to attach wages or other property,or to take any other action to collect a discharged debt from the debtor.[In a case involving community property: There are also special rules that protect certain community property owned by the debtor's spouse,even if that spouse did not file a bankruptcy case.]A creditor who violates this order can be required to pay damages and attorney's fees to the debtor. However,a creditor may have the right to enforce a valid lien,such as a mortgage or security interest,against the debtor's property after the bankruptcy,if that lien was not avoided or eliminated in the bankruptcy case. Also,a debtor may voluntarily pay any debt that has been discharged, Debts That are Discharged The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged.Most,but not all,types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this case was begun under a different chapter of the Bankruptcy Code and converted to chapter 7,the discharge applies to debts owed when the bankruptcy case was converted.) Debts That are Not Discharged Some of the common types of debts which are=discharged in a chapter 7 bankruptcy case are: a.Debts for most taxes; b. Debts incurred to pay nondischargeable taxes; c. Debts that are domestic support obligations; d.Debts for most student loans; e. Debts for most fines,penalties,forfeitures,or criminal restitution obligations; f. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle,vessel, or aircraft while intoxicated; g. Some debts which were not properly listed by the debtor; h.Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not discharged; i.Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in compliance with the Bankruptcy Code requirements for reaffirmation of debts;and j.Debts owed to certain pension,profit sharing,stock bonus,other retirement plans,or to the Thrift Savings Plan for federal employees for certain types of loans from these plans. This information is only a general summary of the bankruptcy discharge.There are exceptions to these general rules.Because the law is complicated,you may want to consult an attorney to determine the exact effect of the discharge in this case. Case 1:12-bk-00976-MDF Doc 17 Filed 05/30/12 Entered 05/30/12 01:00:17 Desc Ch 7 Discharge Page 2 of 2 Notice Recipients District/Off:0314-1 User:admin Date Created:05/30/2012 Case: 1:12—bk-00976--MDF Form ID:B18 Total:41 Recipients submitted to the BNC(Bankruptcy Noticing Center)without an address: cr JP Morgan Chase Bank,National Association TOTAL: 1 Recipients of Notice of Electronic Filing: ust United States Trustee ustpregion03.ha.ecf @usdoj.gov tr Leon P.Haller(Trustee) lhaller @pkh.com aty Joseph P Schalk pamb @fedphe.com aty Paul Donald Murphy—Ahles pdmurphy @dennisboylelaw.com TOTAL:4 Recipients submitted to the BNC(Bankruptcy Noticing Center): db Jared Coleman Smith 330 Holswart Drive Shippensburg,PA 17257 jdb Alisha Jane Smith 330 Holswart Drive Shippensburg,PA 17257 4042846 AES 1200 N.7th Street Harrisburg,PA 17102 4042847 Allied Interstate 3000 Corporate Exchange Dr. 5th Floor Columbus,OH 43231 4042848 Allied Interstate Inc. PO Box 361596 Columbus,OH 43236-1596 4042849 Bank of America P.O.Box 982238 El Paso,TX 79998 4042850 Capital One P.O.Box 85520 Richmond,VA 23285 4042851 Carlisle Regional Medical Center P.O.Box 4100 Carlisle,PA 17015 4042852 Chase Mortgage 10790 Rancho Bernardo Road San Diego,CA 92127 4042853 Collection Service of Athe 110 Newton Bridge Road Bid Athens,GA 30607 4042854 Comcast Billing 1555 Suzy Street Lebanon,PA 17046 4042855 Dell Financial Services P.O.Box 6403 Carol Stream,II.60197-6403 4042856 Eastern Account System 75 Glen Rd Ste 110 Sandy Hook,CT 06482 4042858 Federal Loan Service PO Box 2461 Harrisburg,PA 17105 4042857 Federal Loan Service PO Box 69184 Harrisburg,PA 17106 4042859 GEcrb/Home Design CE/App P.O.Box 981439 El Paso,TX 79998 4042860 Gecrb/lowbrc P.O.Box 981400 El Paso,TX 79998 4042861 Home Depot Credit Services P.O.Box 182676 Columbus,OH 43218 4042862 Karl E.Lugus,DDS 749 Old Norcross Road Suite B Lawrenceville,GA 30046 4042863 Keystone Rural Health Center 755 Norland Avenue,Suite 200 Chambersburg,PA 17201 4042864 Kohl's P.O.Box 2983 Milwaukee,WI 53201 4042865 Lower Allen Township 2233 Gettysburg Road Camp Hill,PA 17011 4042866 Lowes PO Box 530914 Atlanta,GA 30353-0914 4042867 One Main Financial P.O.Box 183172 Columbus,OH 43218-3172 4042871 PSECU PO Box 1006 Harrisburg,PA 17108 4042868 Penn Credit 916 S 14th St Harrisburg,PA 17104 4042869 Pennsylvania American Water PO Box 578 Alton,IL 62002-0578 4042870 Professional Recovery Consultants P.O.Box 51187 Durham,NC 27717 4042872 Santander Consumer USA PO Box 961245 Fort Worth,TX 76161 4042873 Summit Physician Services 785 5th Ave.,Suite 3 Chambersburg,PA 17201 4042874 Torres Credit Services,Inc. PO Box 189 Carlisle,PA 17013-0189 4042875 UGI PO Box 71203 Philadelphia,PA 19176 4042876 United Recovery Systems,Inc. 5800 North Course Drive Houston,TX 77072 4042879 VW Credit PO Box 7572 Libertyville,IL 60048-7572 4042877 Victoria's Secret PO Box 659728 San Antonio,TX 78265-9728 4042878 Vital Recovery Services PO Box 923748 Norcross,GA 30010-3748 TOTAL:36 Case 1:12-bk-00976-MDF Doc 17-1 Filed 05/30/12 Entered 05/30/12 01:00:17 Desc Ch 7 Discharge: Notice Recipients Page 1 of 1 PHELAN HALLINAN, LLP Attorneys for Plaintiff Meredith Wooters Esq., Id. No.307207 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza 2213 MAR Z8 AM 11: c 6 Philadelphia, PA 19103 215-563-7000 CUMBERLAND CU�?�x`�.t PENNSYLVANIA JP MORGAN CHASE BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 2012-1053-CIVIL JARED C. SMITH ALISHA J.SMITH Defendant(s) CUMBERLAND COUNTY CERTIFICATION 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 (X) 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. By: NW Phelan Hallinan,LLP Meredith Wooters,Esq.,Id.No.307207 Attorney for Plaintiff JP MORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS ASSOCIATION Plaintiff CIVIL DIVISION V. NO.: 2012-1053-CIVIL JARED C. SMITH ALISHA J. SMITH CUMBERLAND COUNTY Defendant(s) PHS#275153 AFFIDAVIT PURSUANT TO RULE 3129.1 JP MORGAN CHASE BANK,NATIONAL ASSOCIATION,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 1178 SHOREHAM ROAD,CAMP HILL,PA 17011-6135. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) JARED C.SMITH 330 HOLSWART DRIVE SHIPPENSBURG,PA 17257-8924 ALISHA J.SMITH 330 HOLSWART DRIVE t= _ SHIPPENSBURG,PA 17257-8924 M 'r 1-T 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably , ascertained,please so indicate) D xa• JARED C.SMITH 330 HOLSWART DRIVE '- : SHIPPENSBURG,PA 17257-8924 ALISHA J.SMITH 330 HOLSWART DRIVE SHIPPENSBURG,PA 17257-8924 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) LOWER ALLEN TOWNSHIP AUTHORITY 1400 SOUTH ST.JOHNS ROAD CAMP HILL,PA 17011 LOWER ALLEN TOWNSHIP AUTHORITY 635 NORTH 12TH STREET,SUITE 101 C/O STEVEN P.MINER,ESQUIRE DALEY LEMOYNE,PA 17043 ZUCKER MEILTON ET AL 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 1178 SHOREHAM ROAD CAMP HILL,PA 17011-6135 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 PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING 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: 31 a By: Phelan Hallinan,LLP Meredith Wooters,Esq.,Id.No.307207 Attorney for Plaintiff JP MORGAN CHASE BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO.: 2012-1053-CIVIL JARED C. SMITH ALISHA J. SMITH CUMBERLAND COUNTY Defendant(s) C-- NOTICE OF SHERIFF'S SALE OF REAL PROPERTY rnco { x � T' , TO: JARED C.SMITH t y CO ALISHA J.SMITH <C:, 330 HOLSWART DRIVE r r :x SHIPPENSBURG,PA 17257-8924 rn -_- "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 1178 SHOREHAM ROAD,CAMP HILL,PA 17011-6135 is scheduled to be sold at the Sheriff's Sale on 09/04/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street,Carlisle,PA 17013 to enforce the court judgment of$132,748.85 obtained by JP MORGAN CHASE BANK,NATIONAL ASSOCIATION(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 r LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land,with the buildings and improvements thereon erected and situate in Lower Allen Township,Cumberland County,Pennsylvania,more particularly bonded and described as follows,to wit: BEGINNING at a point on the northwesterly side of Shoreham Road(50 feet wide)said point being 595 feet northeast of the north corner of Shoreham Road and Norman Road;thence extending along Lot No. 18 on the hereinafter mentioned Plan of Lots North 38 degrees 13 minutes West 110 feet to a point in the line of lands now or late of Blouch Bros.;thence along said land North 51 degrees 47 minutes East 55 feet to a corner of Lot No.20 on said Plan;thence along Lot No.20 South 38 degrees 13 minutes East 110 feet to a point on the northwesterly side of Shoreham Road;thence along said Road South 51 degrees 47 minutes West 55 feet to the point and place of BEGINNING. BEING Lot No. 19,Block'P'on a Plan of Lots of Highland Park recorded in Plan Book 4 page 98, Cumberland County records. UNDER AND SUBJECT,nevertheless,to easements,restrictions,reservations,conditions and rights of way of record. TITLE TO SAID PREMISES VESTED IN Jared C. Smith and Alisha J. Smith,h/w,by Deed from Richard L. Reinert and Pamela A.Filius,aka,Pamela A.Reinert,h/w,dated 07/22/2005,recorded 07/27/2005 in Book 270,Page 399. PREMISES BEING: 1178 SHOREHAM ROAD,CAMP HILL,PA 17011-6135 PARCEL NO.13-23-0545-101 r a SHORT DESCRIPTION By virtue of a Writ of Execution NO. 2012-1053-CIVIL JP MORGAN CHASE BANK,NATIONAL ASSOCIATION vs. JARED C. SMITH ALISHA J. SMITH owner(s) of property situate in LOWER ALLEN TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 1178 SHOREHAM ROAD, CAMP HILL,PA 17011-6135 Parcel No. 13-23-0545-101 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $132,748.85 Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-1053 Civil COUNTY OF CUMBERLAND) CIVIL ACTION--LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,Plaintiff(s) From JARED C.SMITH and ALISHA J.SMITH (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: $132,748.85 L.L.:$.50 Interest from 3/16/13 to Date of Sale($21.82 per diem) -- $3,774.86 Atty's Comm: Due Prothy:$2.25 Atty Paid: $422.25 Other Costs: Plaintiff Paid: Date:3/28/13 David D. Buell, Prothonotary (Seal) D�eputy REQUESTING PARTY: Name: MEREDITH WOOTERS,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BOULEVARD,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for:PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.307207 AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY JP MORGAN CHASE BANK,NATIONAL ASSOCIATION PHS#275153 DEFENDANT SERVICE TEAM/lxh JARED C.SMITH COURT NO.:2012-1053-CIVIL ALISHA J.SMITH SERVE ALISHA J.SMITH AT: TYPE OF ACTION 330 HOLSWART DRIVE XX Notice of Sheriff's Sale SHIPPENSBURG,PA 17257-8924 SALE DATE: September 4,2013 SERVED �} }JC Served and made known to ALISHA J. TTH,Defe dant�oQn the O'er day of I ,20 I at 0 ,o'clock f-M.,at / s 3 w a+e kJ r}in the anner des 'bed below 3 Defendant personally served. * �e usi r ' �� Adult family member with ho D endant(s)res (s). ".3 j Relationship is_ — �`i 9� � R e c6& � -"0 1',•T..�.'„ _Adult in charge of Defendant's residence who refused to give name or relationship. r r" _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. d - Icz an officer of said Defendant's company. 3� Other: f�S Z..© Desc iption: Ag Height It Weight Race Sex I Other , , yyeWC� ' t'V I, 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 t c t• ed case on the da nd at the address indicated above. I understand that this statement is made subject the n ties of 18 Pa. S .49 relating to unsworn fal fic lion to authorities. DATE: °� NAM -- PRINTED d1re 6ce Up . TITLE: Oce->5 v�fL NOT SERVED On the day of 20 at o'clock .M.,I, a competent adult hereby state thatTeefendant T D 'ecause: _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 Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia;PA 19103 (215)563-7000 AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY JP MORGAN CHASE BANK,NATIONAL ASSOCIATION • PHS#275153 DEFENDANT SERVICE TEAM/lxh JARED C.SMITH COURT NO.:2012-1053-CML ALISHA J.SMITH SERVE JARED C.SMITH AT: TYPE OF ACTION 330 HOLSWART DRIVE XX Notice of Sheriffs Sale SHIPPENSBURG,PA 17257-8924 SALE DATE: September 4,2013 n r--o SERVED Z rn Served and made known to JARED C,hNIT Def dant on th,91 day of 20 le'V kd N) o'clocke.M.,at :3 3rC) PQ 15 W�V-0- itf the manner sctfibed W W �A ---i CD Defendant p6rsonally served. Adult family member with h efe slde(s�. C*3_rl Relationship is( 1b=- I ,Tnt(V-11-W Q_ C:) C) name or-ne oreFati Adult in charge of Defendant's residence who refused to give nal onship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: D Race 6l k-Sex M_Other I that I personally handed a true and correct copy of the issued Notice of Sheriffs Sale in the manner as set forth herein, in tPwr� ' red case on the to and at the address c t _r enal 1,�e f P S. indicated above. I understand that this statement is made,subject the ties 0 Sec. relating to e'da J, unswom falsi at' n to authorities. DATE: NAME� PRINTED E:CJfte%i_Xt_ TITLE: NOT SERVED On the day of 20 at o'clock_.M.,1, a competent adult hereby state that-D-e7enclant 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 Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 f . now } C V Process Server Check List If Service Is Made : couses ame if Applicable Wife : i�is� ;I-,- � Husband: Divorced : Yes { } No {: } No Service Made 1 . Vacant : Yes ( } No {•. } 2 . Is there a name on the mailbox? Is it the defendants? 3 . Neighbor Contact : Yes { } No' { } i Left Side : Right Side : 4 . For Sale Sign : Yes ( } No ( } Realtor Name : Company Name : Phone Number: 5 . Car in Drive Way Yes { } No { } Plate Number: AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY JP MORGAN CHASE BANK,NATIONAL ASSOCIATION PHS 9 275153 DEFENDANT SERVICE TEAM/Ixh JARED C.SMITH COURT NO.:2012-1053-CIVIL C") ALISHA J.SMITH ' r .-r c.►� Ta-""'4 SERVE ALISHA J.SMITH AT: TYPE OF ACTION rIn rr► -�c� 330 HOLSWART DRIVE XX Notice of Sheriffs Sale : SHIPPENSBURG,PA 17257-8924 SALE DATE: September 4,2013 Nd SERVED aC or Served and mad known to ALISHA J ITH,Defen ant the( day of l ,20 at o ,o'clock M.,at h manner descnb d below:A f , Defendant personally served. ,Adult family member�with w�o Def ndant )resi }. 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: Descri tion: Age ilotdet�en Weight 1�Race 4_ Sex _ Other I, dult, hereb veri that I ersonall handed a true and correct co of the Y verify personally �Y 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 t e alties of 18 a. ec 04 relating to unsworn falsif a on to authorities. DATE: NAM PRINTED ME: TITLE:NOT SERVED On the day of ,20_, at o'clock_.M.,I, ,a competent adult hereby state that gefendant ecause: _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 Phelan Hallinan. LLP 1617.IFI(Boulevard. Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 a' 3-1!.'D-C FICE 10E T f'R0 i0,N0TARy Phelan Hallinan, LLP 20 13 AL �4 AN 9: 5 Zachary Jones, Esq., Id. No.310721 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CUMBERLA-14D COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Zachary.Jones@phelanhallinan.com 215-563-7000 JP MORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION Plaintiff Civil Division V. CUMBERLAND County JARED C. SMITH No.: 2012-1053-CIVIL ALISHA J. SMITH Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff,by its Attorneys, Phelan Hallinan, 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 21, 2012. 2. Judgment was entered on March 15, 2013 in the amount of$132,748.85. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit"A".. 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e.bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 275153 4. A Sheriffs Sale of the mortgaged property at 1178 SHOREHAM ROAD, CAMP HILL, PA 17011-6135 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendant, JARED COLEMAN SMITH A/K/A JARED C. SMITH and ALISHA JANE SMITH A/K/A ALISHA J. SMITH, filed a Chapter 07 Bankruptcy at Docket Number 1:12-00976 on February 22, 2012. Plaintiff obtained relief from the bankruptcy stay by order of court dated April 4, 2012. A true and correct copy of the Relief Order is attached hereto,made part hereof, and marked as Exhibit "B". 5. The Property is listed for Sheriffs Sale on September 4, 2013. 6. Additional sums have been incurred or expended on Defendants'behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $127,237.76 Interest Through September 4,2013 $20,199.62 Late Charges $201.35 Legal fees $2,525.00 Cost of Suit and Title $1,388.07 Property Inspections $336.00 Property Preservation $1,575.00 Appraisal/Brokers Price Opinion $1 10.00 Mortgage Insurance Premium/Private Mortgage Insurance $3,091.20 Mortgage Insurance Premium to be paid $441.60 Escrow to be paid $2,968.28 Escrow Deficit $7,530.44 TOTAL $167,604.32 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. 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. 2751.53 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 10. 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 15, 2013 and requested the 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) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit"C". 11. No judge has previously entered a ruling in this case. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LL DATE: �r/ By: Z Lary Jon squire TTORN OR PLAINTIFF 275153 Phelan Hallinan, LLP Zachary Jones, Esq., Id. No.310721 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Zachary.Jones@phelanhallinan.com 215-563-7000 JP MORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION Plaintiff Civil Division V. CUMBERLAND County JARED C. SMITH No.: 2012-1053-CIVIL ALISHA J. SMITH Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE JARED C. SMITH and ALISHA J. SMITH 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 1178 SHOREHAM ROAD, CAMP HILL, PA 17011-6135. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case,Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 275153 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22,24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage_Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117,282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and,in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must protect its collateral up until the date of sale. Beckman v.Altoona Trust Co., 332 Pa. 545, 2 A.2d 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 275153 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 terns of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 275153 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. 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. 275153 V1. ATTORNEY'STEES 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 Real t 0(Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are y,662 A.2d 112 significantly less than what is permitted by Pennsylvania law. 275153 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 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. 275153 V111. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises,then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows,winterizing,removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as"property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. 275153 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, P DATE: �!I By: romey on u' e f Pl f 275153 Exhibit "A" 275153 PHELAN HALLINAN,LLP r, ti�tb for Plaintiff Jonathan Lobb,Esq.,Id. No.312174 1617 JFK Boulevard, Suite 1400 t One Penn Center Plaza p Philadelphia,PA 19103 215-563-7000 JP MORGAN CHASE BANK, CUMBERLAND COUNTY o a NATIONAL ASSOCIATION �., --+ COURT OF COMMON PLE Me VS. CIVIL DIVISION cn JARED C.SMITH r'.o ' ALISHA J.SMITH No.2012-1053-CIVIL _ C � • .�� -C . N PRAECIPE FOR IN REM JUDGMENT F ANSWER AND ASSESSMENT OF TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JARED C.SMITH.and ALISHA Y.SMITH,Defendants 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 $132,748.85 TOTAL $132,748.85 I hereby certify that(1)the Defendants'last known addresses are 330 HOLSWART DR, SHIPPENSBURG,PA 17257-8924 and 1178 SHOREHAM ROAD,CAMP HILL,PA 17011- 6135,and(2)that notice has been given in accordance with Rua.R:C.P 237.1. Date 1,�� than Lobb,Esq.,Id.No.312174 ttorney for Plaintiff DAMAGES REBY ASSESSED AS INDICATED. DATE: 3 3 _t PROTHONOTARY 275153 Exhibit "B" 275153 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: JARED COLEMAN SMITH ALISHA JANE SMITH BK.No. 1:1.2-bk-00976 MDF Debtors Chapter No. 07 JP MORGAN CHASE BANK,NATIONAL ASSOCIATION 11 U.S.C. §362 Movant V. JARED COLEMAN SMITH A/K/A JARED C. SMITH ALISHA JANE SMITH A/K/A ALISHA J. SMITH and LEON P. HALLER, ESQUIRE (TRUSTEE) Respondents ORDER GRANTING RELIEF FROM §362 AUTOMATIC STAY WITH RESPECT TO 1178 SHOREHAM ROAD, CAMP HILL,PA 1701.1-6135. Upon consideration of Motion of JP MORGAN CHASE BANK,NATIONAL ASSOCIATION (Movant), it is: ORDERED that Relief from the Automatic stay of all proceedings, as provided under 11 U.S.C. §362 is granted with respect to, 1178 SHOREHAM ROAD, CAMP HILL,PA 17011-6135(hereinafter the Premises) (as more fully set forth in the legal description attached to the Mortgage of record granted against the Premises), as to allow Movant to proceed with its rights under the terms of said Mortgage; and it is further; ORDERED that Movant shall be permitted to communicate with the Debtors and Debtors'counsel to the extent necessary to comply with applicable nonbankruptcy law; and it is further; ORDERED that Rule 4001(a)(3) is not applicable and JP MORGAN CHASE BANK, Case 1:12-bk-00976-MDF Doc 13 Filed 04/04/12 Entered 04/04/12 16:23:58 Desc Main Document Page 1 of 2 NATIONAL ASSOCIATION may immediately enforce and implement this Order granting Relief from the Automatic Stay. $y,the;Court; Chief Ba&*tcy:l46 (JG) Dated: April 4, 2012 Case 1:12-bk-00976-MDF Doc 13 Filed 04/04/12 Entered 04/04/12 16:23:58 Desc Main.Document Page 2 of 2 Exhibit "C" 2751.53 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania i July 12`h,2013 JARED C. SMITH ALISHA J. SMITH 330 HOLSWART DRIVE SHIPPENSBURG,PA 17257-8924 RE:. JP MORGAN CHASE BANK,NATIONAL ASSOCIATION v.JARED C. SMITH and ALISHA J. SMITH Premises Address: 1178 SHOREHAM ROAD CAMP HILL,PA 17011 CUMBERLAND County CCP,No. 2012-1053-CIVIL Dear Defendants, S 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 7/18%2013. Should you have further questions or concerns,please do not hesitate to contact me.. Otherwise,please be guided accordingly. Very; 1 0 .,,s Za; Id.No.310721 trite' r a�intiff Encloser 275153 lme and Phelan Hallinan,LLP idress 1617 JF7C Boulevard,Suite 1400 F Sender One Penn Center Plata a Philadelphia,=ber PA 19103 KVI�t of Addresse Street end Post Office Address C.SMITH Po e A J.SMITH $0.45 LSWART DRIVE ENSBURG PA 17257-8924 C.SMITH ALISHA J.SMITH $0.45 $ 1178 SHOREHAM ROAD CAMP HI PA 17011.6135 3 ««a« JARED C.SMITH s ALISHA J.SMITH $0.45 145 RIDGE ROAD NEWVILLE PA 17241-9672 Si JARED C.SMITH F y ALISHA J.SMITH $0.45 K PO BOX 283 lu ,f NEWVILLE PA 17241-0283 ; 5 a««« JARED C.SMITHA ALISHA J.SMITH $0.45 3135 ORRSTOWN RD SHIPPENSBURG PA 1725748896 RE:JARED C.SMITH C[IMBERLAND PH#27515311200 Page i of 1 52.25 d Nwaber of Total=r= a l.itted by Sender Raei P°�"°t°• �eme of The fitn deelarctim of wke u roq®ed an all domestic and imemetiaoal registered Reaiviog I03'C0) fm the reo dvafi tion o aluene$ntiuire doeume o oedc 8�°ed rwl.The maximum indemnity parble pi abject to a limit of$500,000 Feat Mm1 doeumeat recomtructlon blsuraeee is$50,000 per Thc®annum indemni Pa eta—na.Th.ro&"i "i°demnity payable on Express Mail merdw dice is$500, h payablc is$25,000 for rcghtered 1,aaa with optimrcl imemae.Sec Domegcc Mal Manual rm 3877 Facsimile a9oo 5913 and 5921 for ran tetions ofcovem e. 275153 Phelan Hallinan, LLP Zachary Jones,Esq., Id. No.310721 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 Zachary.Jones@phelanhallinaii.com 215-563-7000 JP MORGAN CHASE BANK, NATIONAL ASSOCIATION Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County JARED C. SMITH ALISHA J. SMITH No.: 2012-1053-CIVIL Defendants 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. JARED C. SMITH JARED C. SMITH ALISHA J. SMITH ALISHA J. SMITH 330 HOLSWART DRIVE 1178 SHOREHAM ROAD SHIPPENSBURG,PA 17257-8924 CAMP HILL, PA 17011-6135 JARED C. SMITH JARED C. SMITH ALISHA J. SMITH ALISHA J. SMITH 145 RIDGE ROAD PO BOX 283 NEWVILLE,PA 17241-9672 NEWVILLE, PA 17241-0283 JARED C. SMITH ALISHA J. SMITH 3135 ORRSTOWN RD SHIPPENSBURG,PA 17257-8896 Phelan Hallinan,LLP DATE: By: Zach ones, s ire A ORNE PLAINTIFF 275153 A n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JP MORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION Plaintiff Civil Division V. CUMBERLAND County JARED C. SMITH No.: 2012-1053-CIVIL ALISHA J. SMITH Defendants RULE AND NOW, this a.4* day of 2013, 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 THE C URT J. r� rt C V 275153 Zachary Jones,Esq.,Id.No.310721 ,/Phelan Hallinan,LLP 1.617 JFK Boulevard, Suite 1400 Philadelphia,PA 191.03 TEL: (215)563-7000 FAX: (215)563-3459 /JARED C. SMITH ,4ARED C. SMITH ALISHA J. SMITH ALISHA J. SMITH 330 HOLSWART DRIVE 1178 SHOREHAM ROAD SHIPPENSBURG,PA 17257-8924 CAMP HILL, PA 17011-6135 /JARED C. SMITH JARED C. SMITH ALISHA J. SMITH ALISHA J. SMITH 145 RIDGE ROAD PO BOX 283 NEWVILLE, PA 17241-9672 NEWVILLE,PA 17241-0283 , JARED C. SMITH ALISHA J. SMITH 3135 ORRSTOWN RD SHIPPENSBURG, PA 17257-8896 275153 275153 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis @PhelanHallinan.com 215-563-7000 JP MORGAN CHASE BANK, NATIONAL • Court of Common Pleas • ASSOCIATION Plaintiff • Civil Division • vs. • CUMBERLAND County • JARED C. SMITH • No.: 2012-1053-CIVIL ALISHA J. SMITH Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 29, 2013 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. , c. cn ra co JARED C. SMITH JARED C. SMITH — _ ALISHA J. SMITH ALISHA J. SMITH ~'C_. 330 HOLSWART DRIVE 1178 SHOREHAM ROAD ='` SHIPPENSBURG, PA 17257-8924 CAMP HILL, PA 17011-6135 _I JARED C. SMITH JARED C. SMITH ALISHA J. SMITH ALISHA J. SMITH 145 RIDGE ROAD PO BOX 283 NEWVILLE, PA 17241-9672 NEWVILLE, PA 17241-0283 768985 f . n 4 f JARED C. SMITH ALISHA J. SMITH 3135 ORRSTOWN RD SHIPPENSBURG, PA 17257-8896 Phelan Hallinan, LLP DATE: 177/73 By: a'3 fi •te+` Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 768985 • • :y S. f 71 L;. D C F,:'l C L 0 F T HE- P R 0 T H 0 N 0 TA R 13 UG -9 Al 10 PHELAN HALLINAN,LLP 2 1 A l . 4%torney for Plaintiff Adam H.Davis,Esq.,Id. No.203034 C U M 8 ERLAND COUNTY 1617 JFK Boulevard,Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA JP MORGAN CHASE BANK,,NATIONAL CUMBERLAND COUNTY ASSOCIATION Plaintiff, COURT OF'COMMON PLEAS V. CIVIL DIVISION JARED C.SMITH No.: 2012-1053-CIVIL ALISHA J.SMITH Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 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 as amended if applicable.A copy of the Certificate of Mailing(Form 3817)and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#768985 JP MORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS ASSOCIATION Plaintiff CIVIL DIVISION V. NO.: 2012-1053-CIVIL JARED C.SMITH ALISHA J.SMITH CUMBERLAND COUNTY Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 JP MORGAN CHASE BANK,NATIONAL ASSOCIATION,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 1178 SHOREHAM ROAD,CAMP HILL,PA 17011-6135. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) JARED C.SMITH 330 HOLSWART DRIVE,SHIPPENSBURG,PA 17257-8924 ALISHA J.SMITH 330 HOLSWART DRIVE,SHIPPENSBURG,PA 17257-8924 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) JARED C.SMITH 330 HOLSWART DRIVE SHIPPENSBURG,PA 17257-8924 ALISHA J.SMITH 330 HOLSWART DRIVE SHIPPENSBURG,PA 17257-8924 1 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) LOWER ALLEN TOWNSHIP AUTHORITY 1400 SOUTH ST.JOHNS ROAD CAMP HILL,PA 17011 LOWER ALLEN TOWNSHIP AUTHORITY 120 LIMEKILN ROAD NEW CUMBERLAND,PA 17070-2428 PH#768985 LOWER ALLEN TOWNSHIP AUTHORITY 635 NORTH 12TH STREET,SUITE 101 CIO Steven P.Miner,ESQUIRE DALEY LEMOYNE,PA 17043 ZUCKER MEILTON ET AL 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 1178 SHOREHAM ROAD CAMP HILL,PA 17011-6135 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 PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I.understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: //�t� By: Phelan Hallinan LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#768985 Name and Phelan Hallinan,LLP Address 1617 JFK Boulevard,Suite 1400 CO OfSender One Penn Center Pia Philadelphia.PA 1910xa 3 AZK/JSG.0410412013 SALE .. Line Article Number Name of Addressee,Street,and Post Office Address Pod's e , ,;:. 1 ***+ LOWER ALLEN TOWNSHIP AUTHORITY 50;46 320 1,114MILNROAD ' act ri NEW CUMBERLAND PA 17070-2428 w w RE?:1ARED C..SMITH CUMBERLAND PH(1.769985/1026 :Page 1 of 1 45 Day 0.46 Tafal d+sataer of 7og2 rha�rerafPitces Pastimpm Per tmmc of lbe foil deelnanion ormalue Isrequired on all domente tw International rcostertC atall.itcm' Pieeas listed by'3#endcr aect"vd an Past oflm TteetiiYing llry+tayer) tart}c reconstruction afs+amtcgalkbk nkeametat under 6.i<y+xst Melt doeumem tectstatruttlon: - pace subject to a lifrAl of SSW=per occurrence.'Ile n%Wnwm irnkooiity payable on F.Pm iic tr�timwn indm ty payable b S2$.OW for'reghleted Milt,tent with optional imumnce.S aw 5913 aM S921 for linvivoiam ar- t t Form 3877 Facsimile a: PH#168985 a Name and Phelan Hallina»,LLP Addrtcs i6'17 7FKI3outevard,Suite 1400 Of Sender One Penn Center Plaza "'T<°v PA 74103 A7KHIV-04472013L F Philadelphia, "'t a Irne Article Number Name of Addressee Street and Past Orcce Addrrss Pooh a ll 45 i Y•*• TENANT/OCCUPANT 50.45 n 1178 SHOREHAM ROAD $ CAMP HILL,PA 17011-6135 2 srs LOWER ALLEN N TO'I'd.NSH1P AUTHORITY SOAS 1400 SOUTH ST.JOHNS R43AD CAMP HILL PA 17011 .T.i t�rac 3 .es• LOWER ALLEN TOWNSHIP AUTHORITY $0,45 CIO STEVEN P.MINER.ESQUIRE DALF.Y 71JCKER 1MIEILTON ET AL �� 1 635 NORTH 12TH STREET.SUITE 101 LE MIOYNP PA 17043 4 •"' DOMFSTIC ABLATIONS OF SOAS CUMBERLAND COUNTY �� 1.3 NORTH HANOVERSTRM, r „y CARLISLE,PA 17013 ' 5 ""* COMMONWEALTH OF PENNSYLVANIA $C 5 �� DEPARTMENT OF WELFARE 'P.O.BOX 2679 HARRISBURG..PA 17105 6 * +" INTERNAL REVENUE SERVICE ADVISORY $O.AS 1000 LIBERTY AVENUE ROOM 704 Pn-MBURGH PA 15222 7 ssss US.DEPARTMENT OFJU,TICE $0AS U.S.ATTORNEY FOR THE MIDDLE DISTRICT Of PA FEDERAL BUILDING 228 WALNUT STREET,SUITE 220 PO BOX 11754 HARRISBURG PA 1710&1754 RE:JARED C.SMITH CUMAERLA PITS#275I5311021 Page I of I Writ Team 53.15 TOW KambuM Tool NVmtcr afpiw<, Pmtrrman,P<(Narnrot 'the fairdntaa:k+n etrahr<.0 regi7l*cdenatld:m<sikamt inkrnninnaiecStxrrml rca�i.Tre rtnxisxum 3Memnh}YayaKk Piano tined by Sanda Retdrrrd.P' Ofiee Rcedr4at EmploynJ forth«cuNtncii+nnl ntmMnnfalktidiirrr,w nnaM E.press Mnidnavnenl rxdnseractino inNlanu is 55a irtw pct pecce rubleet uv s fth of SSanJKra{ct aa<nrRrce.1h m-1—uultmnity my-$k m Eamm Mail—Mha.,.tke h M. TO.—i—.ind<omfry}rapbk h S?S,eWNrejry*-d wil sent m4#opnsmlimarme.SsC_N—Ifia Mail Maiwal ' R4da5413 aM S4215+r AndirtnmMrnvas Farm 3$77 Facsimile — t�ia._ — .is Phelan Hallinan, LLP r L; 2 3 P,1111 3' Jonathan Lobb, Esq., Id. No.312174 .i � C,OU�-TTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb @phelanhallinan.com 215-563-7000 JP MORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION Plaintiff Civil Division VS. CUMBERLAND County JARED C. SMITH No.: 2012-1053-CIVIL ALISHA J. SMITH Defendants MOTION TO MAKE RULE ABSOLUTE JP MORGAN CHASE BANK,NATIONAL ASSOCIATION, 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 24, 2013. 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 Defendants on July 12, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable Kevin A. Hess on or about July 29, 2013 directing the Defendants to show cause by August 19, 2013 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 August 7, 2013 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. 768985 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of August 19, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan, LLP DATE: nathan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff -------- - 768985 Exhibit "A" -. ---- ----�----------- - 768985---- _..--- PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia,PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania July 12'h,2013 JARED C. SMITH ALISHA J. SMITH 330 ITOLSWART DRIVE SHIPPENSBURG,PA 17257-8924 RE: JP MORGAN CHASE BANK,NATIONAL ASSOCIATION v. JARED C. SMITH and ALISHA J. SMITH Premises Address: 1178 SHOREHAM ROAD CAMP HILL,PA 17011 CUMBERLAND County CCP,No. 2012-1053-CIVIL 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 7/1 8/2013. Should you have further questions or concerns,please do not hesitate to contact me::. Otherwise,please be guided accordingly. Very. I o .a -sq.,Id.No.310721 rile f .r.: arritiff EnGI OSu 275153 une and Phelan-Hallinan,LLP ldress 1617 IFK Boulevard,Suite 1400 gi F Sender One Penn Center Plata o Philadelphia,PA 19103 KVM J ne Article Number Name of Addressee,Street and Post Office Address Postaae 1 **•* JARED C.SMITH 50.45 o ALISHA J.SMITH �. 'i ii 330 HOLSWART DRIVE SHiPPENSBURG PA 17257-8924 ' $ 2 **** JARED C.SMITH 50.45 ALISHA J.SMITH 1178 SHOREHAM ROAD CAMP HILI,PA 17011.6135 3 """* JARED C.SMITH $0.45 ALISHA J.SMITH a 145 RIDGE ROAD rL NEWV H LE PA 17241-1672 JARED C.SMITH $0.45 ,�ALISHA J.SMITH �PO BOX 283 NEWVILLE PA 17241-0283 5 **** JARED C.SMITH 50.45 ALISHA J.SMITH 3135 ORRSTOWN RD SHIPPENSBURG PA 17257-8896 RE:JARED C.SMITH CUMBERLAND PH#275153/1200 Page 1 of 1 52.25 d Nwaber of Total Nmnba of Pieces Postm .Pe,(Nerve of The full deda..6-of value is requited on as domestic and hamatimW registered mail.The madmum ft demnity payable m Listed by Sender Received at Poet Offae Reetiving Employee) for the reconstruction of oon ego iabic documents tinder Express Mail document reconsrualon insurance is SSD.000 per piece subjed eo a limit of 5500,000 per ooamenca.lu maximum indemnity payable on axprese Mail merchandise is$500. The—d—isdcoaity payable is 525.000 for registered mad,sent with optimml iesaaaec.See Domestic Mal Mantml R900 S913 and 5921 for limitafi m cf eovva e. rm 3877 Facsimile 275153 Exhibit "B" 768985 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JP MORGAN CHASE BAND,NATIONAL Court of Common Pleas ASSOCIATION Plaintiff Civil Division V. CUMBERLAND County JARED C. SMITH No.: 2012-1053-CIVIL ALISHA J. SMITH Defendants } RULE AND NOW,this day of ILL 2013,a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs 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. BYTE: ;OURT J: > c C?E:. 275153 Exhibit "C" _ - - 768985 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis @PhelanHallinan.com 215-563-7000 JP MORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION Plaintiff Civil Division vs. CUMBERLAND County JARED C. SMITH No.: 2012-1053-CIVIL ALISHA J. SMITH Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 29,2013 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. ''_ JARED C. SMITH JARED C. SMITH CZ - .,, ALISHA J. SMITH ALISHA J. SMITH 330 HOLSWART DRIVE 1178 SHOREHAM ROAD ; ) SHIPPENSBURG,PA 17257-8924 CAMP HILL,PA 17011-6135 r- - co �1 c JARED C. SMITH JARED C. SMITHS ALISHA J. SMITH ALISHA J. SMITH ", 145 RIDGE ROAD PO BOX 283 NEWVILLE,PA 17241-9672 NEWVILLE,PA 17241-0283 768985 JARED C. SMITH ALISHA J. SMITH 3135 ORRSTOWN RD SHIPPENSBURG,PA 17257-8896 Phelan Hallinan,LLP ' DATE: By: Adam H. Davis,Esq.,Id.No.203034 Attorney for Plaintiff 768985 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb @phelanhallinan.com 215-563-7000 JP MORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION m Plaintiff Civil Division vs. CUMBERLAND County JARED C. SMITH No.: 2012-1053-CIVIL ALISHA J. SMITH Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. JARED C. SMITH JARED C. SMITH ALISHA J. SMITH ALISHA J. SMITH 330 HOLSWART DRIVE 1178 SHOREHAM ROAD SHIPPENSBURG, PA 17257-8924 CAMP HILL, PA 17011-6135 JARED C. SMITH JARED C. SMITH ALISHA J. SMITH ALISHA J. SMITH 145 RIDGE ROAD PO BOX 283 NEWVILLE,PA 17241-9672 NEWVILLE, PA 17241-0283 _ 768985 JARED C. SMITH ALISHA J. SMITH 3135 ORRSTOWN RD SHIPPENSBURG, PA 17257-8896 Phelan Hallinan, LLP DATE: �2Z�/3 By: J athan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 768985 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA JP MORGAN CHASE BANK,NATIONAL : Court of Common Pleas ASSOCIATION Plaintiff Civil Division Cn .0 vs. CUMBERLAND C� z to C= r JARED C. SMITH No.: 2012-1053-CI N :'r ALISHA J. SMITH o C . Defendants ; cam, ORDER AND NOW,this Z V' day of A,f, , , 2013,upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nuns pro tune as follows: Principal Balance $127,237.76 Interest Through September 4, 2013 $20,199.62 Late Charges $201.35 Legal fees $2,525.00 Cost of Suit and Title $1,38$.Q7 Property Inspections $336.00 Property Preservation $1,575.00 Appraisal/Brokers Price Opinion $110.00 Mortgage Insurance Premium/Private Mortgage Insurance $3,091.20 Mortgage Insurance Premium to be paid $441.60 Escrow to be paid $2,968.28 768985 __ Escrow Deficit $7,530.44 TOTAL $167,604.32 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs co figure. mmission is not included in the above BY TH OURT: -4X J. l J� A l,rl y., C ,l4k 768985 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff n r r �D . C TA cumbcJ t i Jody S Smith Chief Deputy j `113 140 22 � 1 6: 47 Richard W Stewart 1,1 #^� y ; Solicitor OFFICE OF THE SHERIFF T F3 R L A�i D C 0�;'T`t Flk tNSY!�,'ANiA JP Morgan Chase Bank, NA Case Number vs. Jared C. Smith {et al.} 2012-1053 SHERIFF'S RETURN OF SERVICE 06/24/2013 08:07 PM-Deputy Jason Kinsler, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 1178 Shoreham Road, Lower Allen-Township, Camp Hill, PA 17011, Cumberland County. 09/05/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA on September 04, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Joseph Schalk , on behalf of Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $828.03 SO ANSWERS, November 20, 2013 RON R ANDERSON, SHERIFF X00 p't - .'5'D tL- M 7f 673"1 (c}Count y&ntc Shenf(,Toleosof(,Inc, On June 5, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA, Known and numbered as, 1178 Shoreham Road, Camp Hill, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: June 5, 2013 By: Real Estate Coordinator .=,E tier LXII 30 CUMBERLAND LAW JOURNAL 07/26/13 2012-1053 Civil Term JP MORGAN CHASE BANK,NA vs. JARED C. SMITH,Alisha J. Smith Atty.:Joseph Schalk By virtue of a Writ of Execution NO. 2012-1053-CIVIL,JP MORGAN CHASE BANK,NATIONAL ASSOCIA- TION vs.JARED C. SMITH,ALISHA J.SMITH owner(s)of property situate in LOWER ALLEN TOWNSHIP,Cum- berland County,Pennsylvania,being 1178 SHOREHAM ROAD. CAMP HILL. PA 17011-6135. Parcel No. 13-23-0545-101. Improvements thereon:RESIDEN- TIAL DWELLING. JUDGMENTAMOUNT:$132,748- .85. 110 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 26, August 2 and August 9, 2013 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. 91 s Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 9 dav of August, 2013 Notary P40TARIAL SEAL DEBORAH A COLLMS *; tary Public CARLISLE BOROUGH,CUMSEW AND COUNTY �Ay Commission Expires A;r 23,20114 The Patriot-News Co. 1900,Patriot Drive Z4e atr1*otwXtws Mechanicsburg, PA 17050 Inquiries - 717-255-8213 Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller 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 1900 Patriot Drive, 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 he 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 he 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. 2012-1053 CIO Term JP MORGAN CHASE BANK,NA This ad ran on the date( )s shown below: VS JARED C..SMrrH 07/28113 4uhft J.SM"h 08/04/13 At'JossPh Schalk 13y virtue of a Writ of Execution NO. 08/11/13 20124053-CIVIL IP MORGAN(1ASE BANK,NATIONAL ASSOCiATIONvs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IARED C.SMITH ALISHAI.SMITH owners) of property situate in LOWER Swo and subscribed efor e t ' 23 day of August, 2013 A.D. ALLEN TOWNSHIP,Cumberland County, PennsYlvania,.being (Municipality) \ 1178 SHOREHAM ROAD.CAMP HILL. PA 17011-685 Parcel No.13.23-0545-101 t Public (Acreage or street addtessy D pWE vemen thereon: RESIDENTIAL NDGMENTAMOL*.$132,748.85 ,-(j M0NWEALTti OF€°Fm,,,"3YLVANIA Notarial;peal FHolly Lynn Warfel,Notary Public astiington Twp.,Dauphin fbunty Commission Expires Dec.12,2016 p�ehgt3FR,P�P4N- VANIA A5sOCIA170N OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal National Mortgaze Association is the grantee the same having been sold to said grantee on the 4th day of September A.D., 2013, under and by virtue of a writ Execution issued on the 28th day of March, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 1053, at the suit of JP Morgan Chase Bank,N.A. against Jared C. Smith and Alisha J. Smith is duly recorded as Instrument Number 201337497. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this --X9 day of A.D. s �- Recorder of Deeds Re cor of Cumberland Co only,Carlisle,PA My Commission Expires the First Monday of Jan.2014