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HomeMy WebLinkAbout12-1055PHELAN HALLINAN & SCHMIEG, LLP Mario J. Hanyon, Esq., Id. No.203993 FILED-OFFICE 1617 JFK Boulevard, Suite 1400 OF THE PROTHONOTAR'I" ATTORNEY FOR PLAINTIFF ®he Penn Center Plaza Philadelphia, PA 19103 2012 FE8 2 1 A?1 10. 3 8 215-563-7000 CUMBEREA" COUNT" 11 JPMORGAN CHASE BANK, NATIONAENNSYL`rA dl,^ ASSOCIATION, S/B/M TO CHASE HOME COURT OF COMMON PLEAS FINANCE, LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION CIVIL DIVISION 3415 VISION DRIVE COLUMBUS, OH 43219 TERM Plaintiff NO. OP bO, -Ic)5S V. CUMBERLAND COUNTY ERIC R. BUXTON STACY L. BUXTON 2506 MALLARD WAY MECHANICSBURG, PA 17055-5300 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 1164 FEDERAL BUILDING, 228 WALNUT STREET HARRISBURG, PA 17101 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 277810 0.ra.? ?Ib3.7S eke ??S??3a?M 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 #: 277810 l:' Plaintiff is JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: ERIC R. BUXTON STACY L. BUXTON 2506 MALLARD WAY MECHANICSBURG, PA 17055-5300 THE t1NITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 1164 FEDERAL BUILDING, 228 WALNUT STREET HARRISBURG, PA 17101 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/24/2003 ERIC R. BUXTON and STACY L. BUXTON made, executed and delivered a mortgage upon the premises hereinafter described to WASHINGTON SAVINGS BANK, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book 1804, Page 1156. By Assignment of Mortgage recorded 04/21/2004 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book 707, Page 2907. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2011 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 File #: 277810 by written notice sent to Mortgagor, the entire principal balance and all interest due 6 thereon are collectible forthwith. The following amounts are due on the mortgage as of 07/29/2011: Principal Balance Interest 03/01/2011 through 07/29/2011 Late Charges Property Inspections Property Preservation Subtotal Escrow Credit TOTAL 7 8 $120,901.04 $2,869.61 $164.32 $14.00 $28.00 $123,976.97 $1 325 $122,651.46 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon. File #: 277810 9? The United States of America is made a Defendant herein pursuant to 28 U.S.C. 2410, because of federal tax liens that have been filed with the Prothonotary of CUMBERLAND County in the Judgment Index Unit as follows: (a) United States vs. ERIC R. BUXTON & STACY L. BUXTON; IRS Docket No. ; filed 06/07%2010; in the amount of $19,246.02. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $122,651.46, 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. PHEL,AN HALLINAN & SCHMIEG, LLP By: Mario J. Hanyon, Esquire Attorney for Plaintiff File #: 277810 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, being more fully bounded, limited and described as follows to wit: BEGINNING at a point on the east side of Mallard Court said point being also a distance for two hundred thirteen and ninety-four hundredths (213.94) feet north of the intersection of the west side of Old Gettysburg Pike (T-621), and the east side of Mallard Court; thence by the east side of Mallard Court, North twenty-one (21) degrees fifty (50) minutes fifty-seven (57) seconds East a distance of six and seventy (6.70) feet to a point at a curve; thence by same and a ciu.r ;le to th-' left having a radius of fifty (50) feet, an are length of seventy-five and twenty-nine hundredths (75.29) feet to a point at line of Lot No. 3; thence by same and through the center of a twenty (20) foot wide water line easement North eighty-five (85) degrees thirty-four (34) minutes thirty (30) seconds East a distance of one hundred twenty-six and twenty hundredths (126.20) feet to a point on the west right-of-way line of Old Gettysburg Pike (T-621); thence same South twenty- one (21) degrees fifty (50) minutes fifty-seven (57) seconds west a distance of one hundred twenty-eight and no hundredths (128.00) feet to a point at line of Lot No. 1; thence by same North sixty-eight (68) degrees nine (09) minutes three (03) seconds west a distance of one hundred thirty-three and no hundredths (133.00) feet to a point, the place of BEGINNING. CONTAINING 12,740.75 square feet. File k: 277910 BEING THE SAME PREMISES which Kenneth G. Murphy and Nancy G. Murphy, h/w by their Deed dated March 13, 2003 and about to be recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Eric R. Buxton and Stacy L. Buxton, h/w Mortgagor herein. PROPERTY ADDRESS: 2506 MALLARD WAY, MECHANICSBURG, PA 17055-5300 PARCEL # 42-30-2108-349 File k 277810 1 .. 0 VERIFICATION <,?tr -, %??•??? , hereby states that he/she is _(/??c ?i?°s?dF• 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: r' / 2 File#: 27781.0 Name: BUXTON Cf ze Name: Title: J/K& JPMORGAN CHASE BANK, NATIONAL ASSOCIATION File k 277810 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff a, w i'v? J i., I gti?t?t?, of ?.zi+r+t?tr??t?? Jody S Smith ??'? ? A ill 14 6: 4 Chief Deputy L Richard W Stewart CJ'' BERLAND COW TY Solicitor PEI-IN3YLVAINIA JP Morgan Chase Bank, NA vs. Case Number . Eric R. Buxton (et al.) 2012-1055 SHERIFF'S RETURN OF SERVICE 02/24/2012 07:00 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on February 24 2012 at 1900 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Eric R. Buxton, by making known unto himself personally, at 2506 Mallard Way, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. DENN DEPUZO, 02/24/2012 07:00 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on February 24 2012 at 1900 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Stacy L. Buxton, by making known unto Eric Buxton, Husband of Defendant at 2506 Mallard Way, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $54.00 February 28, 2012 DEN FRY, DEP SO ANSWERS, RONNY R ANDERSON, SHERIFF 4 AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M t j }a TO CHASE HOME FINANCE, LLC, SB/M TO CHASE PHS # 277810 f `"0 TAR MANHATTAN DEFENDANT MORTGAGE CORPORATION SERVICE TEAM/ tam ` 21' 2 9 r . m? ?d J i? ERIC R. BUXTON COURT NO.: 12-1055 STACY L. BUXTON l "l, Ek '"IND COWITY THE UNITED STATES OF AMERICA C/O THE UNITED STATES > ,f 1„ t?? ?t ATTORNEY FOR THE MIDDLE DISTRICT OF PA SERVE THE UNITED STATES OF AMERICA C/O THE UNITED TYPE OF ACTION STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA AT: XX Mortgage Foreclosure MAIN JUSTICE BUILDING XX Civil Action 950 PENNSYLVANIA AVENUE, N.W. WASHINGTON, DC 20530 SERVED Served and made known to THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA , Defendant on the-P 7-day of r.r a -.y , 20 je_ at ,W.1- , o clock /O. M., at ?r'Ari= ,i r .yBo y/? in the manner described below: - Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is - Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). /Agent or person in charge of Defendant's office or usual place of business. ?%r?.? v ee .,,.?,• an officer of said Defendant's company. Other: Description: Age _72- Height -W ' _ Weight 7,/Race Q_ Sex 01-1_ Other I, . L;.,e.v_r , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this / -C -,Iv day of 20%j Notary`y '-'z l'? - By,%rh?..? ,??. ?•K/ Cori,%?;?;-.. NOTSERVED On the day of 20_, at o'clock _. M., Defendant NOT FOUND because: - Vacant _ Does Not Exist - Moved - Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: Sworn to and subscribed before me this _ d,-,y of , ?0,. By: Notary: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones. Esq., Id. No. 86657 Andrew L. Spivack, Esq.. Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., [d. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq.., Id. No. 308877 Matthew G. Brushwood, Esq., Id. No. 310592 Dana B. Ostrovsky, Esq., Id. No. 83921 One Penn Center at Suburban Station PHELAN HALLINAN & SCHMIEG, LLP John M. Kolesnik, Esq., Id. No. 308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff ' F; 0 s- l N 0 E2 Ps r= _9 o ? 10- : 'f BERLAND COUP) a ,k, PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY vs. ERIC R. BUXTON STACY L. BUXTON THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants No. 2012-1055 CIVIL 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 UAL-dNAN & SCHMIEG, LLP By: Itornev Kolesnik, Esq., Id. No. 308877 for Plaintiff Date: May 7, 2012 jhk/kpl, Svc Dept. File# 277810 Ow- kk Li a-7y SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson, ,-E}F t Sheriff }? pRfJT(}?r t::".3 1011V of cumbetf??d Jody S Smith Chief Deputy - 2012 MAY 22 AM 9:09 f' Richard W Stewart $OIIC/tOf pFf€CE Tr+e £r$RtFF UMBERLA140 COUNTY PENNSY`VA NA JP Morgan Chase Bank, NA Case Number vs. 2012-1055 Eric R. Buxton (et al.) SHERIFF'S RETURN OF SERYiCE 05/15/2012 07:15 PM - Shawn Gutshall, Deputy Sheriff, who being duly swam according to law, states that on May 15 2012 at 1915 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Stacy L. Buxton, by making known unto herself personally, at 554 Meadowcroft Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and coned copy of the me. TSHAI1,DEPUTY SHERIFF COST: $38.00 May 18, 2012 SO ANSWERS, 0 J/112 RON R ANDERSON, SHERIFF (c) CwrdyWte sheriff, Teleasoft, Inc. PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,SB/M TO COURT OF COMMON PLEAS CHASE HOME FINANCE,LLC,SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION CIVIL DIVISION Plaintiff NO.: 2012.1055 CIVIL V. ERIC R.BUXTON CUMBERLAND COUNTY STACY L.BUXTON Defendant(s) To the Prothonotary: u ' w Issue writ of execution in the above matter: rnm To* r=- Amount Due $122,651.46 ��> N °c? . Interest from 03/08/2013 to Date of Salk $3,648.96 p C_a ($20.16 per diem) ` � r N TOTAL $126,300.42 Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Note: Please attach description of property. PHS#277810 O Q8.50 PD AT7-y 54.00 CBF 38.00 ID3• '75 11. '!5 Ho. 5o " 1P 015&. D Pb ATTf a.a5 4bue Coo 50 LL 8$4o MAI €3 ` �, CA SVt"NIA r , � ,N1 T A C)CIATI N,SBA TO CHASE ROME FINANCE,LLC, V. ENC .OUJCT40N . SUCY . , �l �s} P {CCU FflltiT ( ' Filed: Address where papers may be served: ar PIt � Lam' - ERIC R.BUXTON obo 2506 MALLARD WAY Adam H.Davis,EsqEsq.,Id.No.203034 MIWCHANICBURG,PA 17055-5300 Attorney for Plaintiff STAGY L.BUXTON 554 MEADOW CROFT CIRCLE MECHANICSBURG,PA 17055-5862 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: ERIC RUSSEL BUXTON BK.No. 1:12-03244 RNO Debtor Chapter No. 13 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION Movant V. 11 U.S.C. §362 ERIC RUSSEL BUXTON Respondent ORDER GRANTING RELIEF FROM§362 AUTOMATIC STAY WITH RESPECT TO 2506 MALLARD WAY,MECHANICSBURG,PA 17055-5300. Upon consideration of Motion of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION(Movant),it is: ORDERED AND DECREED: that Movant shall be permitted to communicate with the Debtor(s) and Debtor's counsel to the extent necessary to comply with applicable nonbankruptcy law; and it is further; ORDERED that Relief from the Automatic stay of all proceedings, as provided under 11 U.S.C. §362 is granted with respect to, 2506 MALLARD WAY, MECHANICSBURG, PA 17055-5300(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. By the Court, U, co..f x Dated: January 4, 2013 Ro ben N,Opel 11,bankruptcy Juagc Case 1:12-bk-03244-RNO Doc 62 Filed 01/04/13 Entered 01/04/13 13:26:02 Desc Main Document Page 1 of 1 Notice Recipients District/Off:0314-1 User:BComiskey Date Created: 1/4/2013 Case: 1:12—bk-03244—RNO Form ID:pdfbl0 Total: 1 Recipients submitted to the BNC(Bankruptcy Noticing Center): db Eric Russel Buxton 2506 Mallard Way Mechanicsburg,PA 17055 TOTAL: 1 Case 1:12-bk-03244-RNO Doc 62-1 Filed 01/04/13 Entered 01/04/13 13:26:02 Desc PDF - All Chatty: Notice Recipients Page 1 of 1 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: ERIC RUSSEL BUXTON Chapter: 13 Debtor(s) Case Number: 1-12-03244 CHARLES J DEHART III CHAPTER 13 TRUSTEE Movant(s) vs. ERIC RUSSEL BUXTON Respondent(s) ORDER DISMISSING CASE Upon consideration of the Trustee's Certificate of Default of Stipulation in settlement of the Trustee's prior Motion to Dismiss case for material default and it having been determined that this case should be dismissed, it is ORDERED that the above-named case of the debtor(s) be and it hereby is dismissed. By the Court, 6.,A U. CO.*� Date: February 7, 2013 Robert N.Opel,IL Bankruptcy Judge tt;(') MDPA-Dismiss Case.W PT-REV 09112 Case 1:12-bk-03244-RNO Doc 66 Filed 02/07/13 Entered 02/07/13 08:16:06 Desc Main Document Page 1 of 1 PHELAN HALLINAN, LLP Attorneys for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,SB/M COURT OF COMMON PLEAS TO CHASE HOME FINANCE,LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION CIVIL DIVISION Plaintiff NO.: 2012-1055 CIVIL V. , ERIC R. BUXTON CUMBERLAND COUNTY STACY L.BUXTON . Defendant(s) 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 ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled (X) 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. w By: ✓f, � O7it.G Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Q , co T_n C� C:) y 'Z:"..: r -,y ^� • JPMORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS ASSOCIATION,S/B/M TO CHASE HOME FINANCE, LLC,S/B/M TO CHASE MANHATTAN MORTGAGE CIVIL DIVISION CORPORATION Plaintiff NO.: 2012-1055 CIVIL V. CUMBERLAND COUNTY ERIC R. BUXTON STACY L. BUXTON PHS #277810 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,S/B/M TO CHASE HOME FINANCE,LLC,S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 2506 MALLARD WAY,MECHANICSBURG,PA 17055-5300. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) ERIC R.BUXTON 2506 MALLARD WAY MECHANICSBURG,PA 17055-5300 STACY L.BUXTON 554 MEADOW CROFT CIRCLE, MECHANICSBURG,PA 17055-5862 r71 5. - C j r` N > 3 -C T> CO C) 2. Name and address of Defendant(s)in the judgment: t-- = Name Address if address cannot be reasonably � ( Y ;C- :X - ascertained,please so indicate) ERIC R.BUXTON 2506 MALLARD WAY —+ MECHANICSBURG,PA 17055-5300 STACY L.BUXTON 554 MEADOW CROFT CIRCLE MECHANICSBURG,PA 17055-5862 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) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT 280946 DEPARTMENT OF REVENUE BUREAU OF HARRISBURG,PA 17128-0946 COMPLIANCE COMMONWEALTH OF PENNSYLVANIA DEPARTMENT 280948 DEPARTMENT OF REVENUE BUREAU OF HARRISBURG,PA 17128-0948 COMPLIANCE METRO BANK,FKA,COMMERCE BANK, 3801 PAXTON STREET HARRISBURG HARRISBURG,PA 17111 s METRO BANK,FKA,COMMERCE BANK, P.O.BOX 650 HARRISBURG HERSHEY,PA 17033 C/O KIMBERLY A.BONNER,ESQUIRE JAMES,SMITH DIETTERICK&CONNELLY LLP METRO BANK,FKA,COMMERCE BANK, P.O.BOX 650 HARRISBURG HERSHEY,PA 17033 C/O RALPH M.SALVIA,ESQUIRE JAMES, SMITH DIETTERICK&CONNELLY LLP METRO BANK,FKA,COMMERCE BANK, P.O.BOX 650 HARRISBURG HERSHEY,PA 17033 C/O SCOTT A.DIETTERICK,ESQUIRE JAMES SMITH ET AL 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) COMMERCE BANK/HARRISBURG 3801 PAXTON STREET HARRISBURG,PA 17111 COMMERCE BANK/HARRISBURG 3801 PAXTON STREET C/O COMMERCIAL BUSINESS HARRISBURG,PA 17111 DEPARTMENT COMMERCE BANK/HARRISBURG 3801 PAXTON STREET C/O LOAN SERVICING HARRISBURG,PA 17111 FULTON BANK 3RD AND LOCUST STREETS HARRISBURG,PA 17108 FULTON BANK 3RD AND LOCUST STREETS C/O DOWNTOWN HARRISBURG OFFICE HARRISBURG,PA 17108 FULTON BANK 3RD AND LOCUST STREETS C/O LOAN DOCUMENTATION HARRISBURG,PA 17108 FULTON BANK P.O.BOX 98 C/O LOAN OPERATIONS EAST PETERSBURG,PA 17520-9962 METRO BANK,FKA,COMMERCE 1423 S.MARKET STREET BANK,HARRISBURG MECHANICSBURG,PA 17050 C/O FULTON BANK,GARNISHEE 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) UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSBURG,PA 17055 UPPER ALLEN TOWNSHIP 200 NORTH THIRD STEET C/O J.STEPHEN FEINOUR,ESQUIRE P.O.BOX 840 HARRISBURG,PA 17108 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 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 2506 MALLARD WAY MECHANICSBURG,PA 17055-5300 STACY L.BUXTON 100 PINE STREET C/O DEBRA D.CANTOR,ESQUIRE P.O.BOX 1166 MCNEES WALLACE&NURICK HARRISBURG,PA 17108-1166 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 ERIC BUXTON 4431 N FRONT STREET C/O LEROY SMIGEL,ESQUIRE HARRISBURG,PA 17110 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: By: � Phelan Hallinan,LLP Adam H.Davis,Esq.,Id. No.203034 Attorney for Plaintiff JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, COURT OF COMMON PLEAS SB/M TO CHASE HOME FINANCE,LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION CIVIL DIVISION Plaintiff NO.: 2012-1055 CIVIL VS. . CUMBERLAND (WJUWY R' ERIC R.BUXTON C:r STACY L. BUXTON Defendant(s) �5 r- NOTICE OF SHERIFF'S SALE OF REAL PROPERTY " 1 TO: ERIC R. BUXTON STACY L. BUXTON - 1 STACY L.BUXTON 554 MEADOW CROFT CIRCLE 2506 MALLARD WAY MECHANICSBURG, PA 17055-5862 MECHANICSBURG,PA 17055-5300 **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 2506 MALLARD WAY,MECHANICSBURG,PA 17055-5300 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$122,651.46 obtained by JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,SB/M TO CHASE HOME FINANCE,LLC,SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION(the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, being more fully bounded, limited and described as follows, to wit: BEGINNING at a point on the East side of Mallard Court said point being also a distance for Two Hundred Thirteen and Ninety-four One Hundredths (213.94) feet North of the intersection of the West side of Old Gettysburg Pike (T-621), and the East side of Mallard Court; thence by the East side of Mallard Court, North Twenty-one (21) degrees Fifty(50) minutes Fifty-seven (57) seconds East a distance of Six and Seventy One Hundredths (6.70) feet to a point at a curve; thence by same and a curve to the left having a radius of Fifty(50) feet, an arc length of Seventy- five and Twenty-nine One Hundredths (75.29) feet to a point at line of Lot No. 3; thence by same and through the center of a Twenty(20) foot wide water line easement North Eighty-five (85) degrees Thirty-four(34) minutes Thirty (30) seconds East a distance of One Hundred Twenty-six and Twenty One Hundredths (126.20) feet to a point on the West right of way line of Old Gettysburg Pike (T-621); thence by same South Twenty-one (21) degrees Fifty (50) minutes Fifty-seven(57) seconds West a distance of One Hundred Twenty-eight and No One Hundredths (128.00) feet to a point at line of Lot No. 1; thence by same North Sixty-eight (68) degrees Nine (09) minutes Three (03) seconds West a distance of One Hundred Thirty-three and No Hundredths (133.00) feet to a point, the Place of BEGINNING. CONTAINING 12,740.75 square feet. BEING Lot No. 2 on a Final Subdivision Plan for Mallard Way UNDER AND SUBJECT to all restrictions and conditions of record. TITLE TO SAID PREMISES IS VESTED IN Eric R. Buxton and Stacy L. Buxton, h/w, by Deed from Kenneth G. Murphy and Nancy G. Murphy, h/w, dated 03/13/2003, recorded 04/03/2003 in Book 256, Page 2004. PREMISES BEING: 2506 MALLARD WAY,MECHANICSBURG,PA 17055-5300 PARCEL NO.42-30-2108-349 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 2012-1055 CIVIL JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,SB/M TO CHASE HOME FINANCE,LLC,S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION vs. ERIC R. BUXTON STACY L. BUXTON owner(s) of property situate in the TOWNSHIP OF UPPER ALLEN, Cumberland County, Pennsylvania, being (Municipality) 2506 MALLARD WAY,MECHANICSBURG,PA 17055-5300 Parcel No. 42-30-2108-349 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $122,651.46 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. 12-1055 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,s/b/m to CHASE HOME FINANCE,LLC,s/b/m to CHASE MANHATTAN MORTGAGE CORPORATION,Plaintiff(s) From ERIC R.BUXTON and STACY L. BUXTON (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 gamishee(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: $122,651.46 L.L.: $.50 Interest from 3/8/2013 to Date of Sale($20.16 per diem) -- $3,648.96 Atty's Comm: Due Prothy: $2.25 Atty Paid: $252.50 Other Costs: Plaintiff Paid: Date:3/28/13 David D.Buell,Prothonotary (Seal) Deputy REQUESTING PARTY: Name: ADAM H. DAVIS,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. 203034 Phelan Hallinan, LLP 1'i= T H C P C�O [i 01"4 0 TA B f Zachary Jones, Esq., Id. No.310721 20 l 3 JUL 2 5 AM OV)ORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza CUMBERLAND COUNTY Philadelphia, PA 19103 PENNSYLVANIA Zachary.Jones@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC, SB/M TO CHASE Civil Division MANHATTAN MORTGAGE CORPORATION Plaintiff CUMBERLAND County V. No.: 2012-1055 CIVIL ERIC R. BUXTON STACY L. BUXTON THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 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 7, 2013 in the amount of$122,651.46. 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 277810 { which can be calculated from the complaint, i.e. bringing the interest current. However,new items cannot be added at the time of entry of the judgment. 4. A Sheriffs Sale of the mortgaged property at 2506 MALLARD WAY, MECHANICSBURG, PA 17055-5300 (hereinafter the "Property")was postponed or stayed for the following reason: a.)The Defendant,ERIC RUSSEL BUXTON A/K/A ERIC R. BUXTON and STACY L. BUXTON;filed a Chapter 13 Bankruptcy at Docket Number 1:12-03244 on May 30, 2012. Plaintiff obtained relief from the bankruptcy stay by order of court dated January 4, 2013. 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 $120,901.04 Interest Through September 4, 2013 $17,455.78 Late Charges $164.32 Legal fees $2,300.00 Cost of Suit and Title $1,313.66 Property Inspections $369.00 Appraisal/Brokers Price Opinion $345.80 Non Sufficient Funds Charge $20.00 Escrow to be paid $2,698.22 Escrow Deficit $7,601.49 Suspense/Misc. Credits ($46.00) TOTAL $153,123.31 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 277810 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. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's 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 16, 2013and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9)and certification of mailing are attached hereto, made part hereof, and marked as Exhibit"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,LLP DATE: ! By: eze�z_ Zac Jo squire O Y OR PLAINTIFF 277810 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 JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC, SB/M TO CHASE Civil Division MANHATTAN MORTGAGE CORPORATION Plaintiff CUMBERLAND County V. No.: 2012-1055 CIVIL ERIC R. BUXTON STACY L. BUXTON THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE ERIC R. BUXTON and STACY L. BUXTON 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 2506 MALLARD WAY, MECHANICSBURG, PA 17055-5300. 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. 277810 In the instant case,Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are 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. H. 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 Sheriff s sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsbur v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect 277810 its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545,2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns,414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment,and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276(1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums,fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 277810 III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037(1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). 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 277810 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. V1. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records,title reports and supporting documents,preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment,the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865);First Federal Savings and Loan Association v. Street Road Shopping Center,68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v.Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344(Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included 277810 in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff s sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced(which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as their interests will be divested by the 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. 277810 The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender 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 277810 violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract.. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION 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. 277810 WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: `/ By: Z a , Esquire tto r Plaintiff 277810 Exhibit "A" 277810 PHELAN HALLINAN,LLP Attorney for Plaintiff Jonathan Lobb,Esq.,Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza E '+� Philadelphia,PA 19103 215-563-7000 JPMORGAN CHASE BANK, CUMBERLAND COUNTY NATIONAL ASSOCIATION,S/B/M TO CHASE HOME FINANCE,LLC,S/B/M COURT OF COMMON PLEAS TO CHASE MANHATTAN MORTGAGE CORPORATION CIVIL DIVISION VS. No.2012-1055 CIVIL _t ERIC R.BUXTON rrn �op STACY L.BUXTON THE UNITED STATES OF AMERICA ly' � C `; � "� C/O THE UNITED STATES ATTORNEY A p� FOR THE MIDDLE DISTRICT OF PA z c o C�f', 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 ERIC R.BUXTON and STACY L.BUXTON,Defendants for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises,and assess Plaintiff's damages as follows: As set forth in Complaint $122,651.46 TOTAL $122,651.46 I hereby certify that(1)the Defendants'last known addresses are 2506 MALLARD WAY,MECHANICSBURG,PA 17055-5300 and 554 MEADOW CROFT CIRCLE, MECHANICSBURG,PA 17055-5862,and (2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date J han Lobb,Esq.,Id. No.312174 orney for Plaintiff 277810 Exhibit "B" 277810 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: ERIC RUSSEL BUXTON BK.No.1:12-03244 RNO Debtor Chapter No.13 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION Movant V. 11 U.S.C.§362 ERIC RUSSEL BUXTON Respondent ORDER GRANTING RELIEF FROM§362 AUTOMATIC STAY WITH RESPECT TO 2506 MALLARD WAY,MECHANICSBURG,PA 17055-5300. Upon consideration of Motion of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION(Movant),it is: ORDERED AND DECREED: that Movant shall be permitted to communicate with the Debtor(s) and Debtor's counsel to the extent necessary to comply with applicable nonbankruptcy law;and it is further; ORDERED that Relief from the Automatic stay of all proceedings,as provided under 11 U.S.C. §362 is granted with respect to, 2506 MALLARD WAY, MECHANICSBURG, PA 17055-5300(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. By the.Court, u . Dated: January 4, 2013 RobwN•Opel,. 1,B�?PccyJui d i�p Case 1:12-bk-03244-RNO Doc 62 Filed 01/04/13 Entered 01/04/13 13:26:02 Desc Main Document Page 1 of 1 Exhibit "C" 277810 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 tuly-15,+2013 ERIC R.BUXTON STACY L.BUXTON 2506 MALLARD WAY 554 MEADOW CROFT CIRCLE MECHANICSBURG, PA 17055-5300 MECHANICSBURG,PA 17055-5862 RE: JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE,LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION v. ERIC R.BUXTON, STACY L.BUXTON and THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Premises Address: 2506 MALLARD WAY MECHANICSBURG,PA 17055 CUMBERLAND County CCP,No.2012-1055 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),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 7/22/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very'tiu . . s �a , .,sq., Id.No.310721 orne r., aintiff Enclos re 277810 Name and 4 Phelan HaBoul,LLP c Address 1617 JFK Boulevard,Suite 1400 ^' Of Sender One Penn Center Plaza o—Z o Philadel hia,PA 19103 KVM i C J Line Article Number Name of Addressee Stree and post Office Address 1 '*;' ERIC R.BUXTON Posta a f p o STACY L.BUXTON 50.46 0 2506 MALLARD WAY wc� MECHANICSBURG PA 17055-5300 4 ° 2 .•a• : �' nloo° ERIC R.BUXTON STACY L.BUXTON 30.46 554 MEADOW CROFT CIR y MECIIANIC3BURG PA 17055-5862 RE:ERIC I BUXTON CUMBERLAND PH 0 277810/1200 Page 10 1 50.92 s• 'low Noncom o! T-WNumberof Pic= P-stmaster,Per(Name of RUM Listed by Semler Re-eised at Post Office Recd ast�Dt(Na<) The full doctatation-fwm is requited on RU domestic and mtetuatiasul registered manl.The magi fa d"c"n"a action of m-negotiahle doeam-fia under Eqxeas Mml doamrcet .mg.W_my piece auhject to a Emit of 5500,000 Per otuimaee.The mwomen indemnity payable an F�ress n The marimimt itdrmaity payable is$25.000 fQ re6stmed teal,sew with optional in no Ex See i Form 3877 Facsimile R90o S9ll and 5921 fm lind atom ofaos 277810 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@phelahhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION, S/B/M TO CHASE HOME , FINANCE, LLC, S/B/M TO.CHASE Civil Division MANHATTAN MORTGAGE CORPORATION Plaintiff CUMBERLAND County V. No.: 2012-1055 CIVIL ERIC R. BUXTON STACY L. BUXTON THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 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. ERIC R. BUXTON ERIC R. BUXTON STACY L. BUXTON STACY L. BUXTON 2506 MALLARD WAY 554 MEADOW CROFT CIR MECHANICSBURG.,PA 17055-5300 MECHANICSBURG,PA 17055-5862 Phelan Hallinan,LLP DATE: l��J By: *quire R PLAINTIFF 277810 PHELAN HALLINAN,LLP Attorney for Plaintiff .. � 3 p One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 r E r ;E r ,, ; Philadelphia, PA 19103 Zachary.Jones @phelanhallinan.com 215-563-7000 • JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, S/B/M CHASE HOME • CUMBERLAND COUNTY FINANCE, LLC, S/B/M TO CHASE • COURT OF COMMON PLEAS MANHATTAN MORTGAGE CORPORATION : CIVIL DIVISION • Plaintiff • NO. 2012-1055 CIVIL • v. ERIC R. BUXTON STACY L. BUXTON THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendants, ERIC R. BUXTON and STACY L. BUXTON, by certified mail and regular mail to ERIC R. BUXTON and STACY L. BUXTON at 2506 MALLARD WAY, MECHANICSBURG, PA 17055-5300 and posting 2506 MALLARD WAY, MECHANICSBURG, PA 17055-5300. 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for September 4, 2013. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendants be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendants, ERIC R. BUXTON and STACY L. BUXTON, with the Notice of Sale at the mortgaged premises, 2506 MALLARD WAY, MECHANICSBURG, PA 17055-5300, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". No service was made as the property is vacant. 4. Attempts to serve Defendant, STACY L. BUXTON, with the Notice of Sale at 554 MEADOW CROFT CIRCLE, MECHANICSBURG, PA 17055-5862, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A".No service was made as the said address is vacant. 5. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendants. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". 6. Plaintiff contacted the Prothontary's Office and as of May 7, 2013, no Judge has previously entered a ruling in this case. 7. In accordance with CUMBERLAND County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendants on MAY 10, 2013 and requested Defendants' concurrence. Plaintiff did not receive any written response from the Defendants. A true and correct copy of Plaintiffs MAY 10, 2013 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 8. Plaintiff submits that it has made a good faith effort to locate the Defendants, ERIC R. BUXTON and STACY L. BUXTON, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendants in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to ERIC R. BUXTON and STACY L. BUXTON at 2506 MALLARD WAY, MECHANICSBURG, PA 17055-5300and posting 2506 MALLARD WAY, MECHANICSBURG, PA 17055-5300. Phelan H. li,: p DATE: 7.- ?"-/2 /z By: ./ Pi .lan . Klan, LLP 'acha •nes, Esq., Id. No.310721 Atto,- for Plaintiff PH" AN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Zachary.Jones @phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL . ASSOCIATION, S/B/M CHASE HOME : CUMBERLAND COUNTY FINANCE, LLC, S/B/M TO CHASE COURT OF COMMON PLEAS MANHATTAN MORTGAGE CORPORATION : CIVIL DIVISION Plaintiff . : NO. 2012-1055 CIVIL v. . ERIC R. BUXTON STACY L. BUXTON THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendants Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P. Rule 3129.2(c)provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in subparagraph(A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendants, ERIC R. BUXTON and STACY L. BUXTON, are unknown, a reasonable investigation of their last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure Rule 430(a)provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A sheriff's return of"not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales v. Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a"good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and(3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the of return of service, hereto as Exhibit "A",the process server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendants has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests the allowance of service of the Notice of Sale upon Defendants in accordance with Pa.R.C.P. Rule 430 by certified and regular mail to ERIC R. BUXTON and STACY L. BUXTON at 2506 MALLARD WAY, MECHANICSBURG, PA 17055-5300 and posting 2506 MALLARD WAY, MECHANICSBURG, PA 17055-5300. Phelan Hall' _ P DATE: 1 By: char o•-s, Esq., Id. No.310721 /tto ey sr Plaintiff PHELAN HALLINAN,LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 Zachary.Jones @phelanhallinan.com 215-563-7000 • JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, S/B/M CHASE HOME • CUMBERLAND COUNTY FINANCE, LLC, S/B/M TO CHASE • COURT OF COMMON PLEAS MANHATTAN MORTGAGE CORPORATION : CIVIL DIVISION • Plaintiff • NO. 2012-1055 CIVIL • v. ERIC R. BUXTON STACY L. BUXTON THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Exhibits in the above captioned matter were sent by first class mail, postage prepaid to the following interested parties on the date indicated below. ERIC R. BUXTON 2506 MALLARD WAY MECHANICSBURG, PA 17055-5300 STACY L. BUXTON 2506 MALLARD WAY MECHANICSBURG, PA 17055-5300 Phelan Hallinan, LLP DATE: 7^2`[ `t 7 By: Ar,/i/i Z; ary J► s, E.sq.. Id.No.310721 •ttorn- , or Plaintiff 1 .., . . , . teif— --1 '.Th-r7,-- - 1----,5-----,:---t .t. - r 1 " 9 9. „1 AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK,NA TIONAL ASSOCIATION,S/1R84 CHASE HOME FINANCE,I;I.C,S/B/M TO CHASE MANHATTAN PITS#277810 MORTGAGE CORPORATION DEFENDANT SERVICE TEAM/Ixtt ERIC R.BUXTON COURT NO.:2012-1055 CIVIL STACY L.BUXTON THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA SERVE ERIC R.BUXTON AT: TYPE OIL ACTION 2506 MALLARD WAY XX Notice of Sheriff's Sale MECHANICSBURG,PA 17055-5300 SALE DATE: September 4,2013 SERVER Served and made known to ERIC R.BUXTON,Defendant on the day oC 20 ,at ,o'clock .M.,at .in the manner described below: Defendant personally served. Adult busily member with whom Defendant(s)reside(s), Relationship is .__ Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). _ Agent or person in charge of Defendant's office or usual place of business, an officer of said Defendant's company. Other: Description: Age_____ _ Height..�_._....... Weld ________Race______ Sex__._. Other_..___ I, ,a competent adult,hereby verify that I personally handed a true and connect copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 1.8 Pa.C.S.Sec.4904 relating to unsworn falsification to authorities. DATE: NAME PRINTED NAME: TITLE: 1 r JtI 9,,AYa eV On the day of j� l ' D20 at 2':S1-ti to k f M,,I„ - A f� ,,a ctnpetent adult hereby state that defendant . POUNbecause: X Vacant _.,,,Does Not Exist _,Moved _Does Not Reside(Not Vacant) :..,..,.No Answer on.................._ It at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sea 4904 relating to unsworn fat stIi,:.tttx BY. 1 t oItwrtties, 1 RINT1.1).+,1 F11'; \ VAY')=7s rr ,ki•t a1'I,j' ltNIiY liOft fiMiTIl J Phelau l-lallinan, .,.I P 16171FX.Iioulcvai ,Suite 1>100 One Penn Center Plaza Philadelphia,PA 19103 (215)503.7000 AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY JPMOROAN CHASE BANK,NATIONAL ASSOCIATION,S/B/M CHASE HOME FINANCE,L1.C,SRI/M TO CHASE MANHATTAN PITS 0 277810 MORTGAGE CORPORATION DEFENDANT SERVICE TEAM/lab ERIC R.BUXTON COURT NO 2012-1055 CIVIL STACY L.BUXTON THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA SERVE STACY L.BUXTON AT: TYPE OF ACTION 2506 MALLARD WAY XX Notice of Sheriff's Sale MECHANICSBURG,PA 17055-5300 SALE DATE: September 4,2013 SERVED Served and made known to STACY L.BUXTON,Defendant on the_day of .,20 at ,o'clock M.,at w , in the manner described below: Defendant personally served. Adult family member with whom Defendant(s)reside(s), Relationship is ........._ Adult in charge of Defendant's residence who refused to give name or relationship. „_Manager/Clerk of place of lodging in which Defendant(s)reside(s), ._..Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age ......._ Height ................_. Weight Race..._ Sex,..._.._.._Other_..__... 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 the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S. Sec.4904 relating to unsworn falsification to authorities. DATE: WAIL. .__._.... PRINTED NAME: 'rill.E {� NOT SERV1s1.). r On Mc clay of �d 1 t� 20 ,it ; ' o'clock 13 1 �( L a competent wink hereby state thtTi fia ndant POL t)ce:mse: X 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 foist tieatio f rr.pthontics. r BY: ' v �`PRINTED a ` lit t'Y1t3+Yin(A,TfNJ ,17,"f t11t`o :ut.1 u'l..1lNMI Phelan liallinan,LIT 1617 JFK&ulevarrt,Sure)4(X) One Pens Center Plaza Philadelphia,PA 19103 (2151563-1000 e Process Server Check Li-0' f, SerVice Mad Si?0 C?, Name App Wite ; F- isband: Divorced : Yes ( No Service Made 1 . Vacant Yes ( ›\' ) No (, ) 2 . Is there a name on the mailbox? is it the def-,eedan:'s :' no -3 . Neighbor Contact : Yes ( No ( Left Side : Right Side : 4 . For Sale Sign: Yes ( No ( N"' ), Realtor Name : Company Name : Phone Number: 5 . Car in Drive Way Yes ( No ( X Plate Number: . „. . AFFIDAVIT OF SERA E(FNMA) PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,S/B/A4 CHASE HOME FINANCE,LLC,8/11/M TO CHASE MANHATTAN PUS#277810 MORTGAGE CORPORATION DEFENDANT SERVICE TEAM/bill ERIC R.BUXTON COURT NO.:2012-1055 CIVIL, STACY L.BUXTON THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA SERVE STACY L.BUXTON AT: TYPE OF ACTION 554 MEADOW CROFT CIRCLE XX Notice of Sheriff's Sale MECHANICSBURG,PA 17055-5862 SALE DATE: September 4,2013 SERVED at Served and made known to STACY L.BUXTON,Defendant on the day of _,20____, ,o'clock M,,at in the manner described below: _Defendant personally served, _Adult family member with whom Defendant(s)reside(s). Relatitinship it Adult in charge tit I I tudnt s tesidence who refused to give,name or relationship. Managet/Cierk or pIxe of It it tn in which Defenthintrs)residef,,$). _Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company, Other: Description: Age_ Height Race _ Sex Other_ „a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above, I understand that this statement is made subject to the penalties of 18 Pa.C.S. See.4904 relating to unworn falsification to authorities. DATF,: PRINTED NAME; TI'!').E: NOT SEE VED On the day of ,20 lc„.Y:Ci,o'clock p tvi UNItir to com nt pete adult hereby•state thafreTen ant IRO -bee=c; X 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 unaworn talatftcaufiJtt 4 t ithorities. BY: r (4\ quiri 1 vl -7; 1M y ,„.t.,4,01±Vitt 1,14ft Phelan Hainan, JFK Bouicvard,Suite 1400 One Penn Center Phut Philadelphia,PA 19103 (2)5)563-7000 Process Server Check I.ist 1,5 DIvccd - ) No rvce _ . Nin e iOOLO Yes ( )( ) No ) 2 , s there a name. r.:,:r1 the mailbox ? is L the detend-?w, s? n Neighbor Contact : Yes ( X ) No ( Left Side J riC) 0? e' tie 131" fta 1-1?" Right Side : 4 , For Sale Sign: Yes ( No ( ) Realtor Name : Company Name : Phone Number: 5 . Car in Drive Way Yes ( No ( Plate Number:m • • ., _ :fit .T , 66 ;i� 99 I `: r ;L r :!�? n . AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 277810 Attorney Firm: Phelan Hallinan LLP Subject: Eric R. Buxton&Stacy L. Buxton Property Address: 2506 Mallard Way,Mechanicsburg,PA ]7055 Possible Mailing Address: (Stacy Buxton)554 Meadow Croft Circle, Mechanicsburg,PA 17055 [CREDIT INFORMATION A. SOCIAL SECURITY.NUMBIfR Our search verified the following information to be true arid correct Eric R, Buxton xxx-xx-4919 Stacy L Buxton-xx»xx'204U D, EMPLOYMENT SEARCH Eric R. Buxton&Stacy C I3uxton A review of the credit rej:orting agencies provided,no employment information. C. INQUIRY OF CRFiL'fI"ORS Our inquiry of creditors indicated that Eric R. Buxton ,cs.ide(x)at; 2SO6 Mallard VVay, Mechanicsburg, PA170558c5tncy[. Buxton/vnide(v)at:554 Meadow Croft Circle, Mechanicsburg,PA 17055. IL INQUIRY OF TEl COMPANY A. DIRECTORY/\SSlgl'/\NCES8ARC}{ Our office searched directory assistance databases,which had no listing for Eric R. Buxton k Stacy l„ Buxton. B. On 04- 1-ISournfBceuuadextrlepl`ouccaUmapoosiW,ybome,.u*he,o|&cyo��c�� (7/7)691�337 and /�cceivoJthe 6�lnwin& in6unna�on: not b`service. Oo �-2I'l3 �u, office made severa tc4eplione calls to a possible phoi mc nu other of the so hlect(s) (217) 599-9305 and received the following information:answering machine, 04-11-13 our office in ode several telephone calls to a possible phone num ber of time so hject(s) (717) 645-5650 and received the following information: answering machine. INQUIRY OF NEIGHBORS RS Vo04'l1-73 our office made several phone calls h`anntteinptm contact Mary a. Mille, (717) 697-6703' 25U0 Mallard Way, Mechanicsburg,PA17055: answering machine, On 04-1[-13 0111'otfice made a phone call in an ati ':nipt to contact Ronald Soer" (7]r) b97'0473.2504 Mallard Way,.Mech^oicshq0g,9Al70S5! dionorumcte6 on04-11-13 our office mode several,phorie calls in an attempt to contact Gregory J. Shi,U\u (717)766-7820,2501 Mallard Way,Mechanicsburg,IA 17055 answering machine, On 04-11-13 our office made several phone calls in an attempt to contact lane McCurdy (Tl7) 766-8724'S6U Meadow Croft Circle„ Mechanicsburg,yA ]7U55! answering machine, On 04-11-13 our office made a phone call in an attempt to contact Cory S.Winter(717) 840-0428,562 Meadow Croft Circle,Mechanicsburg,PA 17055: disconnected. On 04-11-13 our office made several phone calls in an attempt to contact Timothy E. Meager(717)691-7792,570 Meadow Croft Circle,Mechanicsburg, PA 17055:no answer IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 04-11-13 we reviewed the National Address database and found the following information:Eric R.Buxton-2506 Mallard Way,Mechanicsburg,PA 17055&Stacy Buxton-554 Meadow Croft Circle,Mechanicsburg,PA 17055. 13. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors,the following is a possible mailing address: (Stacy L. Buxton) 554 Meadow Croft Circle,Mechanicsburg,PA 17055. V.OTHER INQUIRIES A. DEATH RECORDS As of 04-11-13 Vital Records and all public databases have no death record on file for Eric R. Buxton&Stacy L.Buxton. VI,ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF I3IRTH Eric R.Buxton-1978 Stacy L. Buxton-1974 B. A.K.A. Eric Russel Buxton Stacy Lee Buxton;Stacy Lee Spillers Our accessible databases have been checked and cross-referenced for the above named individual(s). *Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge,information and belief and that this affidavit of investigation is made subject to the I> ilal of 18 Pa relating to unswoin falsification to authorities.. The above information is obtained from available public records / and we are only liable for the cost of the affidavit. , . • ., • . : EXfl1T 44l�)) :P,'7,i OYz * PI * b cn n a n � z w e, co °a — ...........�...�__......_.. __._. ._.. ...._ __ a r z a� - p n <O a r * * 7 E ,, * * * * * 9 z C CD n ;IL o -- -t 4t4 � 4t4 4e2�o n ��" nn ° n nb — z< Z R; ?:' 2 6 x on cl -1 ;1:,1, 5 g.:7 N yC ( y nyzcn ° 43 cn w Z CD ►� K "C k w . ..,. ■ Y ec <u el 0 , r* — ° .1=, <0 o t_ o c ° 0.` _ , ,V C ' m- Z T1 2 C" O O 0 o 8 5 n �R 4 "1 e9 X y A I ii, n u,a = N ' s 1a °o° ',F,'O v,5w -g ∎• S�'o 0M N o or F w e,U - '6...8 G 4 . [ w ' 51'44 n OF G E ro n n 4 a a .., ?,:.. q ; a i ma P. X'G G U N Oa o• A a o� wd82 ,+ O O P 00 Ey ,8 m n 51.8 ui fan a o Yo'w U y2y U YE55 33� g. c°f s ski a g( K N o }fir'' .� ..7 '*. E.,1.« � g vi is gs k Sk` `"w .e. :w 9x,�'S'i/.�?b PA E. •x::�a, 00 ' O Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail lily.hainey @phelanhallinan.com LILY HAINEY, Legal Assistant,Ext. 1401 Representing Lenders in Service Department Pennsylvania May 10, 2013 STACY L. BUXTON 2506 MALLARD WAY MECHANICSBURG, PA 17055-5300 RE: JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, S/B/M CHASE HOME FINANCE, LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION v. ERIC R. BUXTON, STACY L. BUXTON and THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Premises Address: 2506 MALLARD WAY, MECHANICSBURG,PA 17055-5300 CUMBERLAND County,No. 2012-1055 CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by MAY 17, 2013. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise,please be guided accordingly. f Very'truly yours, 1 ' LILY HAIN :Y, egal Assistant for-Pl elan Hallinan,LLP Y it 277810 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 LILY I-IAINEY, Legal Assistant Representing Lenders in Sales Department Pennsylvania Office of the Prothonotary CUMBERLAND County Courthouse Dear Sir or Madam: Enclosed for filing and transmittal to the assigned Civil Signing Judge for execution, please find Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court and proposed Order. Also, find attached a proposed Order granting alternative service. Please return this signed order in the attached stamped self-addressed envelope. Should you have any questions,please do not hesitate to contact me. Please fax to my attention, a signed copy of the order at 215-568-7616, or send the original in the attached self-addressed envelope. Very truly yours, LILY HAINEY,Legal Assistant Enclosure "1 . Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail lily.haineyAphelanhallinan.com LILY HAINEY, Legal Assistant, Ext. 1401 Representing Lenders in Service Department Pennsylvania May 10,2013 ERIC R. BUXTON 2506 MALLARD WAY MECHANICSBURG, PA 17055-5300 RE: JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, S/B/M CHASE HOME FINANCE, LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION v. ERIC R. BUXTON, STACY L. BUXTON and THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Premises Address: 2506 MALLARD WAY,MECHANICSBURG,PA 17055-5300 CUMBERLAND County,No. 2012-1055 CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by MAY 17,2013. Should you have any further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. lcyours, 14 Y liA1N1 Y, Legal Assistant for Phelan Hallinan,LLP 277810 A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION, SB/M TO CHASE HOME FINANCE, LLC, S/B/M TO CHASE Civil Division MANHATTAN MORTGAGE CORPORATION Plaintiff CUMBERLAND County No.: 2012-1055 CIVIL ERIC R. BUXTON STACY L. BUXTON THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants RULE AND NOW,this all day of 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 Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing.will be scheduled on this matter. BY TH OURT . W J. mco 71 i" C© G 0 _t 277810 V 0 Zachary Jones,Esq.,Id.No.310721 /helan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 191.03 TEL: (215) 563-7000 FAX: (215)563-3459 V/"ERIC R. BUXTON ERIC R. BUXTON STACY L. BUXTON STACY L. BUXTON 2506 MALLARD WAY 554 MEADOW CROFT CIR MECHANICSBURG,PA 17055-5300 MECHANICSBURG,PA 17055-5862 277810 277910 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, SB/M CHASE HOME CIVIL DIVISION FINANCE, LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION NO. 2012-1055 CIVIL Plaintiff V. rrim ERIC R. BUXTON %� r STACY L. BUXTON �'� �' r THE UNITED STATES OF AMERICA C/O THE Cj --a UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants ORDER AND NOW,this s� day of 2013, after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendants ERIC R. BUXTON and STACY L. BUXTON by: REGULAR MAIL TO ERIC R. BUXTON and STACY L. BUXTON at 2506 MALLARD WAY, MECHANICSBURG, PA 17055-5300 Service by mail is complete upon the date of mailing Q'%.A 'b SSY M"A w C-+- ci-v-t 1 , eA o'/oS 5 CERTIFIED MAIL TO ERIC R. BUXTON and STACY L. BUXTON at 2506 MALLARD WAY, MECHANICSBURG, PA 17055-5300 Service by mail is complete upon the date of mailing a"4 .1., S511 Me6daw "- CcS-0-. 1f eY+a...ti. % I . t& 17p rl �-� POSTING 2506 MALLARD WAY, MECHANICSBURG, PA 17055-5300 BY THE COURT: PHS #277810 ,j 3 .�" "! 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 JPMORGAN CHASE BANK, NATIONAL • Court of Common Pleas • ASSOCIATION, S/B/M CHASE HOME FINANCE, LLC, S/B/M TO CHASE : Civil Division MANHATTAN MORTGAGE CORPORATION : Plaintiff : CUMBERLAND County • vs. • No.: 2012-1055 CIVIL • ERIC R. BUXTON STACY L. BUXTON `T" THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE -6 '' `' =` MIDDLE DISTRICT OF PA --<> co 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. ERIC R. BUXTON ERIC R. BUXTON STACY L. BUXTON STACY L. BUXTON 2506 MALLARD WAY 554 MEADOW CROFT CIR MECHANICSBURG, PA 17055-5300 MECHANICSBURG, PA 17055-5862 STACY L. BUXTON 554 MEADOW CROFT CIRCLE MECHANICSBURG, PA 17055-5862 Phelan Hallinan, LLP DATE: 7/A1 By: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 771642 •1 r i.1L[D-01-HCE THE PROTHONOTAR"I' 20113 PHELAN HALLINAN,LLP %Jr0n'ey4 for Plaintiff Adam H.Davis,Esq.,Id.No.203034 CUMBERLAND COUNTY 1617 JFK Boulevard, Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia,PA 19103 Adam-Davls@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA JPMOR6AN CHASE BANK,NATIONAL CUMBERLAND COUNTY ASSOCIATION,S/B/M CHASE HOME FINANCE, LLC,S/B/M TO CHASE MANHATTAN COURT OF COMMON PLEAS MORTGAGE CORPORATION Plaintiff, CIVIL DIVISION V. No.: 2012-1055 CIVIL ERIC R.BUXTON STACY L.BUXTON THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA PHILADELPHIA COUNTY SS: As required by Pa.R.C.P.3129.2(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 no be sold in the absence of a revresentatiye 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#771642 JPMORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS ASSOCIATION,S/B/M CHASE HOME FINANCE,LLC S/B/M TO CHASE MANHATTAN MORTGAGE CIVIL DIVISION CORPORATION Plaintiff NO.: 2012-1055 CIVIL V. CUMBERLAND COUNTY ERIC R.BUXTON STACY L.BUXTON Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,S/B/M CHASE HOME FINANCE,LLC,S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 2506 MALLARD WAY,MECHANICSBURG,PA 17055-5300. I Name and address of Owner(s)or.reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) ERIC R.BUXTON 2506 MALLARD WAY,MECHANICSBURG,PA 17055-5300 STACY L.BUXTON 554 MEADOW CROFT CIRCLE MECHANICSBURG',PA 17055-5862 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) ERIC R.BUXTON' 2506 MALLARD WAY MECHANICSBURG,PA 17055-5300 STACY L.BUXTON 554 MEADOW CROFT CIRCLE MECHANICSBURG,PA 17055-5862 THE UNITED STATES OF AMERICA C/O, MAIN JUSTICE BUILDING,950 THE UNITED STATES ATTORNEY FOR THE PENNSYLVANIA AVENUE,N.W. MIDDLE DISTRICT OF PA WASHINGTON,DC 20530 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) COMMONWEALTH OF PENNSYLVANIA Department 280946 DEPARTMENT OF REVENUE BUREAU OF Harrisburg,PA 17128-0946 COMPLIANCE COMMONWEALTH OF PENNSYLVANIA DEPARTMENT 280948 DEPARTMENT OF REVENUE BUREAU OF HARRISBURG,PA 17128-0948 COMPLIANCE PH#771.642 METRO BANK,FKA,COMMERCE BANK, 3801 PAXTON STREET HARRISBURG HARRISBURG,PA 17111 METRO BANK,FKA,COMMERCE BANK, 1423 SOUTH MARKET STREET HARRISBURG C/O FULTON BANK, MECHANICSBURG,PA 17050 GARNISHEE METRO BANK,FKA,COMMERCE BANK, P.O.BOX 650 HARRISBURG C/O KIMBERLY A.BONNER, HERSHEY,PA 17033 ESQUIRE JAMES,SMITH DIETTERICK& CONNELLY LLP METRO BANK,FKA,COMMERCE BANK, P.O.BOX 650 HARRISBURG C/O RALPH M.SALVIA, HERSHEY,PA 17033 ESQUIRE JAMES,SMITH DIETTERICK& CONNELLY LLP METRO BANK,FKA,COMMERCE BANK, P.O.BOX 650 HARRISBURG C/O SCOTT A.DIETTERICK, HERSHEY,PA 17033 ESQUIRE JAMES SMITH ET AL METRO BANK 3801 PAXTON STREET HARRISBURG,PA 17111 FULTON BANK C/O SHAWN M.LONG BARLEY SNYDER LLP 126 EAST KING STREET LANCASTER,PA 17602 FULTON BANK NA 1 PENN SQUARE PO BOX 4887 LANCASTER,PA 17604 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) COMMERCE BANK/HARRISBURG 3801 PAXTON STREET HARRISBURG,PA 17111 COMMERCE BANK/HARRISBURG C/O 3801 PAXTON STREET COMMERCIAL BUSINESS DEPARTMENT HARRISBURG,PA 17111 COMMERCE BANK/HARRISBURG C/O 3801 PAXTON STREET LOAN SERVICING HARRISBURG,PA 17111 FULTON BANK 3RD AND LOCUST STREETS HARRISBURG,PA 17108 FULTON BANK C/O DOWNTOWN 3RD AND LOCUST STREETS HARRISBURG OFFICE HARRISBURG,PA 17108 FULTON BANK C/O LOAN 3RD AND LOCUST STREETS DOCUMENTATION HARRISBURG,PA 17108 FULTON BANK C/O LOAN OPERATIONS P.O.BOX 98 EAST PETERSBURG,PA 17520-9962 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be PH#771642 reasonably ascertained,please indicate) UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSBURG,PA 17055 UPPER ALLEN TOWNSHIP C/O J.STEPHEN 200 NORTH THIRD STEET FEINOUR,ESQUIRE P.O.BOX 840 HARRISBURG,PA 17108 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 2506 MALLARD WAY MECHANICSBURG,PA 17055-5300 ERIC BUXTON C/O LEROY SMIGEL, 4431 NORTH FRONT STREET ESQUIRE HARRISBURG,PA 17110 STACY L.BUXTON C/O DEBRA D.CANTOR, 100 PINE STREET ESQUIRE MCNEES WALLACE&NURICK P.O.BOX 1166 HARRISBURG,PA 17108-1166 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 unswom falsification to authorities. Date. By: 4'"to4tir 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#771642 3 Hama and Phelan kiaBoul,LLP �y vf.(4 _ Address 151 9 7FK Boulevard,Suite 1440 �� ``� Of Sender 'One Penn Center Plaza' Philadelphia,PA 19103 AZX/JSC=0910412413 SALE 1( 1 6,,t Line Article-Number I Name of Addressee Street,Add Tost Ottlot Address 1 ♦*:k FULTON BANK GO SHA N M..LONC: BARLEY SNYDERLLP 4as 126 EAST KING STREET m LANCASTER.'PA 17542 2 *"a* FULTON BANK NA $0.46 ° 1 PENN SQUARE - A� PO BOX 4887 LANCASTE PA 17544 r` RE:ERIC R.BUXTON CUMBERLAND PH i177164VIO26 -Pe e 1 of l 45 Da 50.92 ! ToW Nwr*w of Tohi Number orpicaex Pwtrowkr,FertAtamt bf The mictkaationafraMe;WrU edm all dorntaie and inknZotral trgik1w=M Tex tnaai ?35 Fisaes LOW by St*r Rete vd m No office R+ivim Envkyo) tar the ttcomtnxtio'n ornornegmiabk docu ms wrier g p t.kiaSidon+meru rtwanbSletion 9w ' pkce ttibjeet to a Utttit otS500.000 pzracaaxn<r.Tex maRiYnim htdtmnity payable am Gpaas N .rx waaimum ihdttmity payabk b 525.000 fm reghtcn'd mail acm with dp kMI t mtnm.Sec I.. R90059i3 and 5A2)av limitatioru ortoven Form 3877 Facsimile 1 i PH#771 642 f q I Name and" Phelan i4allinam LLP l Address � 1617IFK Boulevard,Suite.W66' �' o Of Sender One Penn Center Plaza a Philadelphia,PA 19143 XV&PAP•(1910412013 SALE I U*j rrr ! Line Article Number Name of Addressee.Street,and Post Office Address Posio c 0 o 4 t"+1J sti't TENANTIOCCUPAN7' .. - - - SOAS - - o 2506 MALLARD WAY 11 M.ECHANICSIIURG.PA 17OSS•5300 2 *•w COMMERCE BANKIHARRISBURG 50.45 j (+ °! 3801 PAXTON STREET HARRISBURG PA 17111 ono°o 3 * • COMMERCEBANKMARRISRURG.CIOCOMMF,RCIAI.UUSINFSSDrPARTMxNT $0.45 3801 PAXTON STREET n ". HARRISBURG PA 11111 l_ 4 COMMERCE,BANKJHARRISBURG'C/O LOAN SERVICING 3801 PAXTON STREET HARRISBURG PA 17,111 ` COMMONSV£A1 TH OF PENNSXLVANIA DEPARTMENT OF REVENUE BUREAU OF COMPLIAN CE JANCE $fl.45 } 9 DF,PAR7 MENT 284846 HARRISBURG PA 1712R•M6 TWA P� 6 **** COMMONIVEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF COMPLIANCE $OAS !Sr DEPARTMENT 280948 HARRISBURG PA 17128.0948 N 7 •pry FULTON BANK $0.45 o b 3RD AND LOCUST STRE ETS HARRISBURG PA 17108 $ fees FULTON BANK CIO DOWNTOWN HARRISBURG OFFICE $0.45 �iN 3> 3RD AND LOCUST STREb HARRISBURG PA 17108 9 FULTON BANK C7O IRAN DOCUMENTA77ON ', $0.45 . . 3RD AND LOCUST STREETS HARRISBURG PA 17108 x0 *'"* FULTON BANK C1O LOAN OPERATIONS $0.45 P.O.BOX 98 EAST PETERSBURG.PA 37520.4462 " RE:E C UgGtN-a M RRbAND ---PHS.#,27781011021- .. a e'I of 3 Writ Team Tout Nnmtkr of TOW Nambtt OfF-ta PcRmutar.PU(damaof TV.�full dauianrion of vat.is qulrrd onall domesde and to mawat ft,Siumdw�al)�;n*mailmnm talk^'^'�'ps1mMt 'Prcref Llcud'ri'SeMer RemwdaMuor'" :rlxa)vkrs wo)-) Sortlr rtw.mtnctMm M nernmiabk duwtnema W*'Exptes.Mai)de�amrnerci.»+iit+ueif"miha�nert is S.fO,QDR fer l ute a mjat eoa nm? f SS b,ltla Prr xcwftnrm he an:imom i demn tp lurabk nn Px xerr NaiY h lM Si t l SSW - - 7t>e muimum fndemnSry pyabk i;S23,000furm¢is�Md mrta,ttni a'Nhrrpkmxl bbwantt.5rx Datoeal"s M+i1"MaaaaS . One S913 and Sri(w iimitmium dm.r . - Form 3877 Facsimile, r. r Narne 2nd Phelan'Holiinan,LLP 1 Address 1617 JFK Boulevard,Suite 1400 Of Sendcr One Penn Center Plaza v" Philadci hie.PA 19103 AZKIPAP-0010412013SALF: Line Article Number Name of Addressee Streel,and Past Office Address Posia'c 1 a»»a METRO HANK,PICA,COMMERCE BANK.HARRISBURG CIO RALPH M.SALVIA.ESQUIRE JAMES,SMITH $0.45 C> DIETi'ERICK&CONNELLY LLP ; y1 P.O.BOX 650 HERSHEY PA 17033 i 2 METRO BANK.FKA,COMMERCE BANK,HARRISBURG C/O SCOTT A.DIET1'ERICK..FSQUIREJAMFS SMITH $0.45 i ET AL +3caa P.O.BOX650 9 n cacs HERSHEY.PA 17633 3 •a`» STACY L BUXTON C/O DEBRA D.CANTOR.ESQUIRE MC NESS WALLACE&NURICK $0.45 100 PINE STREET P.O.BOX 1166 HARRISBURG PA 1710&11.66 4 ai»: UPPER ALLEN TOWNSHIP $0;45 �. 100 GETTYSBURG PIKE Pr, MECHANICSBURG PA 17055 UPPER ALLEN TOWNSHIP CIO J.STEPHEN FEINOUR,ESQUIRE $0.45 f 200 NORTH THIRD STEET P.O.BOX 840 HARRISBURG PA 17108 t 6 »aaa DOMESTIC RELATIONS OF BOAS CUMBERLAND COUNTY 13 NORTH HANOVER STREET CARLISLE,PA 17013 7 •»*« COMMONWEALTH OF PENNSYLVANIA $0.45 DEPARTMENT OIL WELFARE P.O.BOX 2675 HARRISBURG PA 17103 9 •»»» INTERNAL REVENUESERVICE ADVISORY $0.45 10!10 LIBERTY tH AVENUE ROOM 9 M-MB URGH PA 15222 9 »»»♦ US.DEPARTMENT OF JUSTICE BOAS f 1 U.S.ATTORNEY FOR THE MIDDLE DISTRICT OF PA 1 FEDERAL BUILDING 228 WALNUT STREET,SUITE 220 1?0.$0X.11754 HARRISBURG PA 171084754 RE:ERIC R.BUXTON CUMBERLAND PHS#27791011021 Pn e 2 of 3 Writ Team Twat N*,.b"6f Tdat lvcmt+rx otinxees Ppstmadm,ibr!Name of Tfx fan dtebwlm of wipe hrtgvbrd m 0 dpmuH and 1—mikvO milwo4 mrit TA maaiZmlodxmallypyAk . Fkrra4istt4 syStad;x. Rxetived at IV54 ofr.^.t Ami,iru Emptoptti fwthe tvmutatktaat mmmpxentrk dorrcmxm,#rno"Coprtss Maa dtromemmnassrxckm immntt 1:15 Moot)r., i - - gieetso+,fltet toatlmtt orS5t7tY.ed)per domRtoot.'t7re mastamm iRd<meftp WYabfe as eaprtss Mtil d'a:rcluntike i<54W. 7tz maaimom irnkmnhr fuya47x Ix F3 ow for iglwrttd"M um Mll optiw»i imngncc.Set Upmcuic Mai(Iaamsal - R4fMDSFi3ard S!+24 t»lirvd:at'armc pfcrinsU { 'Dorm 3877 Facsimile ,. i Name and Phelan Hallinan,LLP Address no 16171EK Boulevard.Suite 1400 Of Sendcr One Penn Center Plaza Philadelphia,PA 19103 A7..t{1PAP-09104/2013 SALE Line Article Number Name of Addressee Street and Post Orrice Address Postage r } •««« METRO BANK,FKA,COMMERCE BANK,HARRISBURG, $0.45 3801 PAXTON STREET HARRISBURG PA 17111 tf! 2 METRO BANK,FKA,COMMERCE BANK,HARRISBURG CIO KIMBERLY A.BONNER,ESQUIRE $0.43 ro JAMES.SMITH DIETTERICK&CONNELLY LLP ° P.01 BOX 650 ak HERSHEY PA 17033 sy°o r o0 3 ERIC BUXTON $0AS CIO LEROY SM1G1L,ESQUIRE tF 4431 N FRONT STREET , IIARRISBURG,PA 17118 4 METRO BANK,FKA,COMMERCE.BANK,HARRISBURG $0,45 C(O FULTON BANK,GARNISHEE 1423 S.MARKET STREET MECHANICSBURG,PA 17050 c ,y n' mr -RIB ERtG R:BUXTOPY GUMBEA AiV13`" FHS tt 37781011021 - P a e_3 of 3 Writ 3 eam $70.80 �a 7bul Num fof Tout Number arpiem rMtraaee,Per(Name n! Ttt fait desiaratimdratx.krtgn6e4 oa as eMmnstic.M rmtiaaal ti islt:rtd purl.T'ttt auaimamkWema paY �: �- Pkcts WtM by Soekr Rerciae0 At Pou ofr— pwtw-f EM005-) (ar the mcan+uo.Kion afxparlr utbk daearrcen andpr G. gat press Msit docae,k6tra.�L*�«aiar.,jnnrarRr i33P per pkvr sahln to«6e3t of SSa0,0aa per awtrcenex,TM maximum 1.darmtity psyabk an L•xiwcu`,gilk hx_ K 1571. - 'rtr mnaimnm nxkmnitY PeY�'it iv 3l3.e0a rm roynkeed e++tA,.ert vM7+ptknse Nsamme.See W'7i¢:ik. mwt _ i290aS9i;i srrl543i rar I"rcrowt<m+nf erm.n,x. Farm 3877 Facsimile THE PRO THONOTA''Wi Phelan Hallman, LLP 2013 AUG 23 AM 10: 14 Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite(146- 3 RLAND COUNTY Y One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Jonathan.Lobb@phelaiihallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION, S/B/M CHASE HOME FINANCE, LLC, SB/M TO CHASE Civil Division MANHATTAN MORTGAGE CORPORATION Plaintiff CUMBERLAND County vs. No.: 2012-1055 CIVIL ERIC R. BUXTON STACY L. BUXTON THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants MOTION TO MAKE RULE ABSOLUTE JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, S/B/M CHASE HOME FINANCE, LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on July 25, 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 16, 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 771 642 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. 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: Z By: JAIathan.Lobb, Esq.,Id. No.312174 Attorney for Plaintiff 771642 Exhibit "A 171642 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 uiy�15,_20n ERIC R.BUXTON STACY L.BUXTON 2506 MALLARD WAY 554 MEADOW CROFT CIRCLE MECHANICSBURG, PA 17055-5300 MECHANICSBURG,PA 17055-5862 RE: JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE,LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION v. ERIC R. BUXTON, STACY L.BUXTON and THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Premises Address: 2506 MALLARD WAY MECHANICSBURG,PA 17055 CUMBERLAND County CCP,No.2012-1055 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), 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 7/22/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very tru y ,sqa,Id.No.310721 oche r P aintiff` Enclos 277810 Name and Phelan Hallinan,LLP Address 1617 JFK Boulevard,Suite 1400 ° N Of Sender One Penn Center Plaza tti Philadelphia,PA 19 03 KVM g' Line Art icle Number Name or Addressee Street,and Post Oirce Address 1 «««« ERIC R.BUXTON Posta a 4A STACY L.BUXTON 50.46 t o 2506 MALLARD WAY a�cer MECHANICSBURG PA 17055-5300 2 «««« ERIC R.BUXTON Noo STACY L.BUXTON 50.46 554 MEADOW CROFT CIR MFrJfAhU,-QDTM- PA 17055-5862 RE:ERIC R.BUXTON(CUMBERLAND)PH#277810/1200 Pa e 1 or 1 ' 50.92 �• Total Number of Total Number df Pieeea ' Pieep fisted by Sendm Reaiwd at Post Ofrree I'oi11pi�ei•Per(Name of The full dxlantion of veNe is required Rcaciviutg Employaj oo all domW io and intcrauk-1 registered mml.The maxi the rerortmuetion of oonnegotiabie documern tmdcr Expreas hfail document m on5tftcd.in piece aubjeet to a Hmit of S300.000 Per 000mreeoe,Ile maximum iodemnily paynWe on E�rcsc The maaimum indertmity payable is 525.000 fQ rcDatnM nu0,sem with opdoeal ianuaace.Sec I Form 3877 Facsimile R9oo 5913 end 5921 for l m utaro afro 277810 Exhibit "B" 771642 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BAND., NATIONAL Court of Common Pleas ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC, S/B/M TO CHAS Civil Division MANHATTAN MORTGAGE CORPORATION Plaintiff CUMBERLAND County V, No.: 2012-1055 CIVIL ERIC R. BUXTON STACY L. BUXTON THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants RULE AND NOW,this-29L 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 Plaintiffs Motion to Reassess Damages. If no response is filed with the Court,Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. J. S2 s.,. -T7 r- ._ +<+� Z7 ..'..°i'. 277810 Exhibit 46C" ^ 771642 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 JPMORGAN CHAS BANK,NATIONAL Court of Common Pleas ASSOCIATION, S/] M CHASE HOME FINANCE, LLC, S/B/M TO CHASE Civil Division MANHATTAN MORTGAGE CORPORATION Plaintiff CUMBERLAND County vs: No.: 2012-1055 CI-3ILr- , c v� ERIC R. BUXTON Fi. . STACY L. BUXTON ` THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants cv. ;.1 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. ERIC R. BUXTON ERIC R. BUXTON STACY L. BUXTON STACY L. BUXTON 2506 MALLARD WAY 554 MEADOW CROFT CIR MECHANICSBURG,PA 17055-5300 MECHANICSBURG, PA 17055-5862 STACY L. BUXTON 554 MEADOW CROFT CIRCLE MECHANICSBURG,PA 17055-5862 Phelan Hallinan, LLP DATE:Y^ � � 1!2�/ By: Adam H. Davis, Esq.,Id.No.203034 Attorney for Plaintiff 771642 - - w.. _._ �.-- --- - __.. -�+� _ mow_• __._ _ ..-. �._____� _.._ ...�.-�: ,_,_`.,_.__ n Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Perm Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION, SB/M CHASE HOME FINANCE, LLC, SB/M TO CHASE Civil Division MANHATTAN MORTGAGE CORPORATION Plaintiff CUMBERLAND County vs. No.: 2012-1055 CIVIL ERIC R. BUXTON STACY L. BUXTON THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 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. ERIC R. BUXTON ERIC R. BUXTON STACY L. BUXTON STACY L. BUXTON 2506 MALLARD WAY 554 MEADOW CROFT CIR MECHANICSBURG,PA 17055-5300 MECHANICSBURG,PA 17055-5862 Phelan Hallinan, LLP DATE: 12z—? By: nathan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff 771642 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION, S/B/M CHASE HOME FINANCE, LLC, S/B/M TO CHASE Civil Division MANHATTAN MORTGAGE CORPORATION Plaintiff CUMBERLAND County vs. No.: 2012-1055"CIVIL ERIC R. BUXTON STACY L. BUXTON z� THE UNITED STATES OF AMERICA C/O THE n UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA . x C: � Defendants 5!{ ORDER AND NOW, this A day of �trs�` , 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 nunc pro tunc as follows: Principal Balance $120,901.04 Interest Through September 4, 2013 $17,455.78 Late Charges $164.32 Legal fees $2,300.00 Cost of Suit and Title $1,313.66 Property Inspections $369.00 Appraisal/Brokers Price Opinion $345.80 Non Sufficient Funds Charge $20.00 Escrow to be paid $2,698.22 Escrow Deficit $7,601.49 771642 Suspense/Misc. Credits ($46.00) TOTAL $153,123.31 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY T E COURT: J. co -cc nil LL 771642 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff _ I tf i' ;'1 t 'fi. �r ,, ��y11N At ‘2::aluatih,,.� L f�' Jody S Smith � ,� Chief Deputy `, -'i 3 jr 27 t Richard W Stewart CUMBERLAND I✓Ui;,t Solicitor QF cEof.Tt E S,FtERIFF PENNSYLVANIA JP Morgan Chase Bank, NA Case Number vs. Eric R. Buxton (et al.) 2012-1055 SHERIFF'S RETURN OF SERVICE 06/28/2013 05:10 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 2506 Mallard Way, Upper Allen -Township, Mechanicsburg, PA 17055, Cumberland County. 06/28/2013 05:40 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Eric R. Buxton at 198 Old Schoolhouse Lane, Upper Allen Twp., Mechanicsburg, PA 17055, Cumberland County. 07/19/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Stacy L. Buxton, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as"Not Found" at 554 Meadowcroft Circle, Mechanicsburg, PA 17055, defendant does not reside at address stated, new occupant, left forwarding at post office of: 511 West Simpson Street, Mechanicsburg, PA 17055. 07/31/2013 06:09 PM - Deputy Amanda Cobaugh, being duly sworn according to law, attempted service to the Defendant, to wit: Stacy L. Buxton at 1 Commercial Drive- PREVAIL SALON, Lower Allen Township, Camp Hill, PA 17011. The address was found to be vacant. 07/31/2013 08:23 PM - Deputy Amanda Cobaugh, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Stacy L. Buxton at 209 S. Market St., Mechanicsburg Borough, Mechanicsburg, PA 17055, Cumberland County. 08/19/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 12/4/2013 11/22/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $748.24 SO ANSWERS, November 25, 2013 RONR ANDERSON, SHERIFF a. a.-,4„,/. 6. 91-m/ 7 fro a.4'g-7v, r;Coup ySuite Sl'.nrlff I c,;csott,Inc. • JPMORGAN CHASE BANK, NATIONAL COURT OF COMMON PLEAS • ASSOCIATION, S/B/M TO CHASE HOME FINANCE, LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CIVIL DIVISION • CORPORATION Plaintiff NO.: 2012-1055 CIVIL • v. CUMBERLAND COUNTY ERIC R. BUXTON STACY L. BUXTON PHS #277810 Defendant(s) • AFFIDAVIT PURSUANT TO RULE 3129.1 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,S/B/M TO CHASE HOME FINANCE,LLC,S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 2506 MALLARD WAY,MECHANICSBURG,PA 17055-5300. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) ERIC R.BUXTON 2506 MALLARD WAY MECHANICSBURG,PA 17055-5300 STACY L.BUXTON 554 MEADOW CROFT CIRCLE, MECHANICSBURG,PA 17055-5862 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) ERIC R.BUXTON 2506 MALLARD WAY MECHANICSBURG,PA 17055-5300 STACY L.BUXTON 554 MEADOW CROFT CIRCLE MECHANICSBURG,PA 17055-5862 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) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT 280946 DEPARTMENT OF REVENUE BUREAU OF HARRISBURG,PA 17128-0946 COMPLIANCE COMMONWEALTH OF PENNSYLVANIA DEPARTMENT 280948 DEPARTMENT OF REVENUE BUREAU OF HARRISBURG,PA 17128-0948 COMPLIANCE METRO BANK,FKA, COMMERCE BANK, 3801 PAXTON STREET HARRISBURG HARRISBURG,PA 17111 METRO BANK,FKA, COMMERCE BANK, P.O.BOX 650 HARRISBURG HERSHEY,PA 17033 C/O KIMBERLY A.BONNER,ESQUIRE JAMES,SMITH DIETTERICK& CONNELLY LLP METRO BANK,FKA,COMMERCE BANK, P.O.BOX 650 HARRISBURG HERSHEY,PA 17033 C/O RALPH M.SALVIA,ESQUIRE JAMES, SMITH DIETTERICK&CONNELLY LLP METRO BANK,FKA,COMMERCE BANK, P.O.BOX 650 HARRISBURG HERSHEY,PA 17033 C/O SCOTT A.DIETTERICK,ESQUIRE JAMES SMITH ET AL 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) COMMERCE BANK/HARRISBURG 3801 PAXTON STREET HARRISBURG,PA 17111 COMMERCE BANK/HARRISBURG 3801 PAXTON STREET C/O COMMERCIAL BUSINESS HARRISBURG,PA 17111 DEPARTMENT COMMERCE BANK/HARRISBURG 3801 PAXTON STREET C/O LOAN SERVICING HARRISBURG,PA 17111 FULTON BANK 3RD AND LOCUST STREETS HARRISBURG,PA 17108 FULTON BANK 3RD AND LOCUST STREETS C/O DOWNTOWN HARRISBURG OFFICE HARRISBURG,PA 17108 FULTON BANK 3RD AND LOCUST STREETS C/O LOAN DOCUMENTATION HARRISBURG,PA 17108 FULTON BANK P.O.BOX 98 C/O LOAN OPERATIONS EAST PETERSBURG,PA 17520-9962 METRO BANK,FKA,COMMERCE 1423 S.MARKET STREET BANK,HARRISBURG MECHANICSBURG,PA 17050 C/O FULTON BANK,GARNISHEE 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) UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSBURG,PA 17055 UPPER ALLEN TOWNSHIP 200 NORTH THIRD STEET C/O J.STEPHEN FEINOUR,ESQUIRE P.O.BOX 840 HARRISBURG,PA 17108 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 I 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 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 2506 MALLARD WAY MECHANICSBURG,PA 17055-5300 STACY L.BUXTON 100 PINE STREET C/O DEBRA D.CANTOR,ESQUIRE P.O.BOX 1166 MCNEES WALLACE&NURICK HARRISBURG,PA 17108-1166 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 ERIC BUXTON 4431 N FRONT STREET C/O LEROY SMIGEL,ESQUIRE HARRISBURG,PA 17110 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: 72- 2013 Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, : COURT OF COMMON PLEAS SB/M TO CHASE HOME FINANCE,LLC, SB/M TO CHASE . MANHATTAN MORTGAGE CORPORATION : CIVIL DIVISION Plaintiff : NO.: 2012-1055 CIVIL vs. : CUMBERLAND COUNTY ERIC R. BUXTON STACY L. BUXTON Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ERIC R. BUXTON STACY L. BUXTON STACY L. BUXTON 554 MEADOW CROFT CIRCLE 2506 MALLARD WAY MECHANICSBURG, PA 17055-5862 MECHANICSBURG, PA 17055-5300 **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 2506 MALLARD WAY,MECHANICSBURG,PA 17055-5300 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$122,651.46 obtained by JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,S/B/M TO CHASE HOME FINANCE,LLC,SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION(the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY'STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, being more fully bounded, limited and described as follows, to wit: BEGINNING at a point on the East side of Mallard Court said point being also a distance for Two Hundred Thirteen and Ninety-four One Hundredths (213.94) feet North of the intersection of the West side of Old Gettysburg Pike (T-621), and the East side of Mallard Court; thence by the East side of Mallard Court, North Twenty-one (21) degrees Fifty(50) minutes Fifty-seven (57) seconds East a distance of Six and Seventy One Hundredths (6.70) feet to a point at a curve; thence by same and a curve to the left having a radius of Fifty (50) feet, an arc length of Seventy- five and Twenty-nine One Hundredths (75.29) feet to a point at line of Lot No. 3; thence by same and through the center of a Twenty (20) foot wide water line easement North Eighty-five (85) degrees Thirty-four(34) minutes Thirty (30) seconds East a distance of One Hundred Twenty-six and Twenty One Hundredths (126.20) feet to a point on the West right of way line of Old Gettysburg Pike (T-621); thence by same South Twenty-one (21) degrees Fifty (50) minutes Fifty-seven (57) seconds West a distance of One Hundred Twenty-eight and No One Hundredths (128.00) feet to a point at line of Lot No. 1; thence by same North Sixty-eight (68) degrees Nine (09)minutes Three (03) seconds West a distance of One Hundred Thirty-three and No Hundredths (133.00) feet to a point, the Place of BEGINNING. CONTAINING 12,740.75 square feet. BEING Lot No. 2 on a Final Subdivision Plan for Mallard Way UNDER AND SUBJECT to all restrictions and conditions of record. TITLE TO SAID PREMISES IS VESTED IN Eric R. Buxton and Stacy L. Buxton, h/w, by Deed from Kenneth G. Murphy and Nancy G. Murphy, h/w, dated 03/13/2003, recorded 04/03/2003 in Book 256, Page 2004. PREMISES BEING: 2506 MALLARD WAY,MECHANICSBURG,PA 17055-5300 PARCEL NO.42-30-2108-349 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 2012-1055 CIVIL JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, S/B/M TO CHASE HOME FINANCE,LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION vs. ERIC R. BUXTON STACY L. BUXTON owner(s) of property situate in the TOWNSHIP OF UPPER ALLEN, Cumberland County, Pennsylvania, being (Municipality) 2506 MALLARD WAY,MECHANICSBURG, PA 17055-5300 Parcel No. 42-30-2108-349 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $122,651.46 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. 12-1055 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,s/b/m to CHASE HOME FINANCE,LLC,s/b/m to CHASE MANHATTAN MORTGAGE CORPORATION,Plaintiff(s) From ERIC R.BUXTON and STACY L.BUXTON (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: $122,651.46 L.L.: $.50 Interest from 3/8/2013 to Date of Sale($20.16 per diem) -- $3,648.96 Atty's Comm: Due Prothy: $2.25 Any Paid: $252.50 Other Costs: Plaintiff Paid: Date: 3/28/13 /..a.66„,)- David D. Buell,Prothonot. (Seal) ./ _ L '2&2€ Deputy REQUESTING PARTY: Name: ADAM H.DAVIS,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BOULEVARD,SUITE 1400 ONE PENN CENTER PLAZA TRUE COPY FROM RECORD PHILADELPHIA,PA 19103 In Testimony whereof,I here unto set my hand and the seal of said • at Carlisle,Pa. Attorney for: PLAINTIFF This c $H`d:/of 'A J ,20B Telephone:215-563-7000 kuA I� :��•,S , 1 Prothonotary Supreme Court ID No.203034 LXII 30 CUMBERLAND LAW JOURNAL 07/26/13 2012-1055 Civil Term JP MORGAN CHASE BANK, NA vs. ERIC R. BUXTON, Stacy L. Buxton Atty.:Joseph Schalk By virtue of a Writ of Execution NO. 2012-1055 CIVIL, JPMORGAN CHASE BANK, NATIONAL ASSO- CIATION s/b/m TO CHASE HOME FINANCE, LLC s/b/m TO CHASE MANHATTAN MORTGAGE CORPO- RATION vs.ERIC K.BUXTON,STACY L. BUXTON owner(s) of property situate i the TOWNSHIP OF UPPER ALLEN, Cumberland County, Penn- sylvania,being 2506 MALLARD WAY, MECHANICSBURG,PA 17055-5300. Parcel No.42-30-2108-349. Improvements thereon:RESIDEN- TIAL DWELLING. 30 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. )lAsa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 9 day of August, 2013 4110—_A.i.,,i_.i I• ..../.&.._.i. Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. atnotXcws • 1900 Patriot Drive 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. PUBLICATION COPY This ad ran on the date(s)shown below: • 2012-1055 CWII Term ' 07/28/13 JP MORGAN CHASE BANK,NA 08/04/13 vs. _.. ERIC R.BUXTON 08/11/13 Stacy L.Buxton Atty:Joseph Schalk By virtue of a Writ of Execution NO.2012- t 1055 CIVIL : NATIONAL • JP MORGAN CHASE BANK ASSOCIATION, ` TO CHASE or • and subscrib- .efore e his 23 day of Au•ust, 2013 A.D. HOME FINANCE, TLC, SIBIM'TO ' CHASE MANHATTAN MORTGAGE CORPORATION VS. _ 1 ERIC K.BUXTON, tart' Public STAGY L BUXTON situate in the owner(s) of property TOWNSHIP_ Cumberland County,Penpsyh'ania,being (Muni alit) WAY, 2.506` MALIAN) A1 COMMONWEALTH OF PENNSYLVANIA MECHANICSBURG,PA 17055-53(10 Parcel No.42e30-2108-349 • Notarial Seal (Acreageor Street address) Holly Lynn Warfel,Notary Public Improvements thereon: RESIDENTIAL Washington Twp.,Dauphin County DWELLING My Commission Expires Dec.12,2016 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES • PRAECIPE TO ENTER JUDGMENT PURSUANT TO COURT ORDER COURT OF COMMON PLEAS JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,S/B/MCHASE HOME FINANCE,LLC, CIVIL DIVISION S/B/M TO CHASEMANHATTAN MORTGAGE CORPORATION NO.2012-1055 CIVIL Plaintiff CUMBERLAND COUNTY v. ERIC R. BUXTON _ " STACY L. BUXTON r T; Defendant(s) r N PRAECIPE TO ENTER THE JUDGMENT PURSUANT TO COURT ORDER C-, t r To the Prothonotary: Kindly Enter the Judgment per the Court Order dated August 28,2013 in favor of the Plaintiff and against ERIC R. BUXTON and STACY L. BUXTON,defendant(s). As Set Forth in the Order $153,123.31 Phelan Hallinan,LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff �Ili .6 d V'a 5i.o3f 3e 3384 [ +1 m ' 1 • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL • Court of Common Pleas ASSOCIATION, SB/M CHASE HOME • FINANCE, LLC, S/B/M TO CHASE • Civil Division MANHATTAN MORTGAGE CORPORATION • • Plaintiff • CUMBERLAND County vs. • No.: 2012-1055`CIVIL c •-n ERIC R. BUXTON -u Z w ---+ STACY L. BUXTON z� r1 THE UNITED STATES OF AMERICA C/O THE Q a UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA <cm Defendants -"- ORDER AND NOW, this or day of Alps" , 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 nunc pro tunc as follows: Principal Balance $120,901.04 Interest Through September 4, 2013 $17,455.78 Late Charges $164.32 Legal fees $2,300.00 Cost of Suit and Title $1,313.66 Property Inspections $369.00 Appraisal/Brokers Price Opinion $345.80 Non Sufficient Funds Charge $20.00 Escrow to be paid $2,698.22 Escrow Deficit $7,601.49 771642 Suspense/Misc. Credits ($46.00) TOTAL $153,123.31 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY T E COURT: J. CO_ � t•�S �t Q44of ac4.40A) SAS/t 3 771642 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, S/B/M CHASE COURT OF COMMON PLEAS HOME FINANCE, LLC,S/B/M TO CHASE MANHATTAN MORTGAGE : CORPORATION : CIVIL DIVISION Plaintiff : • NO.: 2012-1055 CIVIL v. ERIC R. BUXTON • CUMBERLAND COUNTY STACY L. BUXTON Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due $153,123.31 Interest from 09/05/2013 to Date of Sale $9,161.88 ($25.17 per diem) TOTAL $162,285.19 Phelan Hallinan,LLP Adam H. Davis,Esq.,Id.No.203034 Attorney for Plaintiff Note: Please attach description of property. PH# 771642 C..3 . , c ., �3 Dova,S S• b any m al Co CreF w (3S . w it II • r— _ ,, "7 W. � t` ct _ -5- cam: Io .7S _; r. \t ...)s U tl C 1 � i, Solt t s0tt gas 1'44 ------' -l. :----Fae• Ct-tAli a 1_41 MU LID j?iv- 33eci . uy A_ 4 p .sa:e6\ w7S# me-'f Y:..<4 ,. .:..r-sa+a a.+Y�^'a. ✓m'Y s.<s:>,Ee+.s-€#"rm?'pssn CA Vl U W- C.) o° M 00 z - in - o U o � � � C < . wa Z 3 `7 zoo s z o P4 x w c o � qua d e x ¢ � X3 � x zwU aaoC U 3 a1 ¢ z Qz x ¢ >- w ¢ b how ¢ mow z Wcv v� n � o8 c) o 0 V) p 't c.) o � � � o cA a z � az o � w oa z 0 w M ZZ w ° II N oz as E." H U � wQ c z 3w a � WI oo a aY C 61° a � ( d � a e = � _ et 0Z aUQ W max › 44 o 4 � � � > wwrA a w a ¢ ¢ LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Upper Allen Township, Cumberland County,Pennsylvania, being more fully bounded, limited and described as follows to wit: BEGINNING at a point on the east side of Mallard Court said point being also a distance for two hundred thirteen and ninety-four hundredths(213.94)feet north of the intersection of the west side of Old Gettysburg Pike(T-621), and the east side of Mallard Court;thence by the east side of Mallard Court,North twenty-one (21)degrees fifty(50)minutes fifty-seven(57)seconds East a distance of six and seventy(6.70)feet to a point at a curve;thence by same and a curve to the left having a radius of fifty(50)feet,an arc length of seventy-five and twenty-nine hundredths(75.29)feet to a point at line of Lot No. 3;thence by same and through the center of a twenty(20)foot wide water line easement North eighty-five(85)degrees thirty-four (34)minutes thirty(30)seconds East a distance of one hundred twenty-six and twenty hundredths(126.20) feet to a point on the west right-of-way line of Old Gettysburg Pike(T-621);thence same South twenty-one (21)degrees fifty(50)minutes fifty-seven(57)seconds west a distance of one hundred twenty-eight and no - hundredths(128.00)feet to a point at line of Lot No. 1;thence by same North sixty-eight(68)degrees nine (09)minutes three(03)seconds west a distance of one hundred thirty-three and no hundredths(133.00)feet to a point,the place of BEGINNING. CONTAINING 12,740.75 square feet. TITLE TO SAID PREMISES.VESTED IN Eric R.Buxton and Stacy L.Buxton,h/w,by Deed from Kenneth G.Murphy and Nancy G.Murphy,h/w,dated 03/13/2003,recorded 04/03/2003 in Book 256,Page 2004. PREMISES BEING: 2506 MALLARD WAY,MECHANICSBURG,PA 17055-5300 PARCEL NO. 42-30-2108-349. • PHELAN HALLINAN, LLP Attorneys for Plaintiff Adam H. Davis, Esq., Id. No.203034 , ,, 1617 JFK Boulevard, Suite 1400 ''` ' ' '" One Penn Center Plaza 31j4 MAP 25 p' " ' t� �� °.�. All GJ Philadelphia, PA 19103 Adam.Davis @PhelanHallinan.com ..._ e ,_ ,L, ) COUNTY 215-563-7000 ' SY 'A NIA JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M • COURT OF COMMON PLEAS CHASE HOME FINANCE, LLC, S/B/M TO CHASE MANHATTAN : MORTGAGE CORPORATION : CIVIL DIVISION Plaintiff : NO.: 2012-1055 CIVIL v. ERIC R. BUXTON • CUMBERLAND COUNTY STACY L. BUXTON Defendant(s) 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 ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled (X) 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: C /Y f./ Phelan Hallinan,LLP Adam H. Davis,Esq., Id.No.203034 Attorney for Plaintiff JPMORGAN CHASE BANK, NATIONAL • COURT OF COMMON PLEAS ASSOCIATION, S/B/M CHASE HOME FINANCE, LLC, • S/B/M TO CHASE MANHATTAN MORTGAGE CIVIL DIVISION CORPORATION • Plaintiff NO.: 2012-1055 CIVIL • v. CUMBERLAND COUNTY ERIC R. BUXTON STACY L. BUXTON Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,S/B/M CHASE HOME FINANCE,LLC,S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 2506 MALLARD WAY,MECHANICSBURG,PA 17055-5300. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) ERIC R.BUXTON 2506 MALLARD WAY MECHANICSBURG,PA 17055-5300 554 MEADOW CROFT CIRCLE MECHANICSBURG,PA 17055-5862 STACY L. BUXTON 2506 MALLARD WAY MECHANICSBURG,PA 17055-5300 , (.]-1 {_., 554 MEADOW CROFT CIRCLE r MECHANICSBURG,PA 17055-5862 "� C< 7;32, ");,- "2"" (7-) 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) ERIC R.BUXTON 2506 MALLARD WAY MECHANICSBURG,PA 17055-5300 554 MEADOW CROFT CIRCLE MECHANICSBURG,PA 17055-5862 STACY L. BUXTON 2506 MALLARD WAY MECHANICSBURG,PA 17055-5300 554 MEADOW CROFT CIRCLE MECHANICSBURG,PA 17055-5862 PH # 771642 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) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT 280946 DEPARTMENT OF REVENUE BUREAU OF HARRISBURG,PA 17128-0946 COMPLIANCE • COMMONWEALTH OF PENNSYLVANIA DEPARTMENT 280948 DEPARTMENT OF REVENUE BUREAU OF HARRISBURG,PA 17128-0948 COMPLIANCE METRO BANK,FKA,COMMERCE BANK, 3801 PAXTON STREET HARRISBURG HARRISBURG,PA 17111 METRO BANK,FKA,COMMERCE BANK, 1423 SOUTH MARKET STREET HARRISBURG C/O FULTON BANK, MECHANICSBURG,PA 17050 GARNISHEE METRO BANK,FKA,COMMERCE BANK, P.O. BOX 650 HARRISBURG C/O KIMBERLY A. BONNER, HERSHEY,PA 17033 ESQUIRE JAMES,SMITH DIETTERICK& CONNELLY LLP METRO BANK,FKA,COMMERCE BANK, P.O. BOX 650 HARRISBURG C/O RALPH M. SALVIA, HERSHEY, PA 17033 ESQUIRE JAMES,SMITH DIETTERICK& CONNELLY LLP METRO BANK,FKA,COMMERCE BANK, P.O. BOX 650 HARRISBURG C/O SCOTT A. DIETTERICK, HERSHEY,PA 17033 ESQUIRE JAMES SMITH ET AL FULTON BANK C/O SHAWN M. LONG BARLEY SNYDER LLP 126 EAST KING STREET LANCASTER,PA 17602 FULTON BANK NA 1 PENN SQUARE PO BOX 4887 LANCASTER,PA 17604 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) COMMERCE BANK/HARRISBURG 3801 PAXTON STREET HARRISBURG,PA 17111 COMMERCE BANK/HARRISBURG C/O 3801 PAXTON STREET COMMERCIAL BUSINESS DEPARTMENT HARRISBURG,PA 17111 COMMERCE BANK/HARRISBURG C/0 3801 PAXTON STREET LOAN SERVICING HARRISBURG,PA 17111 FULTON BANK 3RD AND LOCUST STREETS HARRISBURG,PA 17108 FULTON BANK C/O DOWNTOWN 3RD AND LOCUST STREETS HARRISBURG OFFICE HARRISBURG,PA 17108 PH # 771642 FULTON BANK CIO LOAN 3RD AND LOCUST STREETS DOCUMENTATION HARRISBURG,PA 17108 FULTON BANK C/O LOAN OPERATIONS P.O. BOX 98 EAST PETERSBURG, PA 17520-9962 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) UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSBURG,PA 17055 UPPER ALLEN TOWNSHIP C/O J. STEPHEN 200 NORTH THIRD STEET FEINOUR, ESQUIRE P.O. BOX 840 HARRISBURG,PA 17108 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 2506 MALLARD WAY MECHANICSBURG,PA 17055-5300 ERIC BUXTON C/O LEROY SMIGEL, 4431 NORTH FRONT STREET ESQUIRE HARRISBURG,PA 17110 STACY L. BUXTON C/O DEBRA D. CANTOR, 100 PINE STREET ESQUIRE MCNEES WALLACE& NURICK P.O. BOX 1166 HARRISBURG,PA 17108-1166 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 PH# 771642 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: 3/201 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# 771642 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, : COURT OF COMMON PLEAS S/B/M CHASE HOME FINANCE, LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION : CIVIL DIVISION Plaintiff : NO.: 2012-1055 CIVIL vs. : CUMBERLAND COUNTY ERIC R. BUXTON STACY L. BUXTON Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ERIC R. BUXTON ERIC R. BUXTON STACY L. BUXTON STACY L. BUXTON 511 WEST SIMPSON STREET 2506 MALLARD WAY MECHANICSBURG, PA 17055-3765 MECHANICSBURG, PA 17030 4; —<i ERIC R. BUXTON STACY L. BUXTON STACY L. BUXTON 554 MEADOW CROFT CIRCIE. 554 MEADOW CROFT CIR MECHANICSBURG, PA 1705862 MECHANICSBURG, PA 17055-5862 **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 2506 MALLARD WAY,MECHANICSBURG,PA 17055-5300 is scheduled to be sold at the Sheriffs Sale on 09/03/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$153,123.31 obtained by JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, S/B/M CHASE HOME FINANCE,LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION(the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 2012-1055 CIVIL JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M CHASE HOME FINANCE, LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION v. ERIC R. BUXTON STACY L. BUXTON owner(s) of property situate in the UPPER ALLEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 2506 MALLARD WAY, MECHANICSBURG, PA 17055-5300 Parcel No. 42-30-2108-349. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $153,123.31 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Upper Allen Township,Cumberland County, Pennsylvania, being more fully bounded, limited and described as follows to wit: BEGINNING at a point on the east side of Mallard Court said point being also a distance for two hundred thirteen and ninety-four hundredths(21 3.94)feet north of the intersection of the west side of Old Gettysburg Pike(T-621),and the east side of Mallard Court; thence by the east side of Mallard Court,North twenty-one (21)degrees fifty(50)minutes fifty-seven(57)seconds East a distance of six and seventy(6.70)feet to a point at a curve;thence by same and a curve to the left having a radius of fifty(50)feet,an arc length of seventy-five and twenty-nine hundredths(75.29)feet to a point at line of Lot No. 3;thence by same and through the center of a twenty(20)foot wide water line easement North eighty-five(85)degrees thirty-four (34)minutes thirty(30)seconds East a distance of one hundred twenty-six and twenty hundredths(126.20) feet to a point on the west right-of-way line of Old Gettysburg Pike(T-621);thence same South twenty-one (21)degrees fifty(50)minutes fifty-seven(57)seconds west a distance of one hundred twenty-eight and no hundredths(128.00)feet to a point at line of Lot No. 1;thence by same North sixty-eight(68)degrees nine (09)minutes three(03)seconds west a distance of one hundred thirty-three and no hundredths(133.00)feet to a point,the place of BEGINNING. CONTAINING 12,740.75 square feet. TITLE TO SAID PREMISES VESTED IN Eric R. Buxton and Stacy L.Buxton,h/w,by Deed from Kenneth G. Murphy and Nancy G.Murphy,h/w, dated 03/13/2003,recorded 04/03/2003 in Book 256,Page 2004. PREMISES BEING: 2506 MALLARD WAY,MECHANICSBURG,PA 17055-5300 PARCEL NO. 42-30-2108-349. ��f_ THE COURT OF COMMON PLEAS j \ CUMBERLAND COUNTY PA ���'�.. \' PROTHONOTARY to; ,�; _ �,,, :z DAVID D. BUELL,P O ', One Courthouse Square • Suite100 • Carlisle, PA • 17013 \\ -= �';� (717)240-6195 ii,� i www.ccpa.net / p JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, S/B/M CHASE HOME FINANCE,LLC,S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Vs. NO 12-1055 Civil Term CIVIL ACTION—LAW ERIC R. BUXTON,STACY L. BUXTON WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $153,123.31 L.L.: Interest FROM 9/5/2013 TO DATE OF SALE($25.17 PER DIEM)-$9,161.88 Atty's Comm: Due Prothy: c2.)4 Atty Paid:"1,045.74 Other Costs: Plaintiff Paid: Date:3/25/14 1 i , .• a, • _ David D.B ell,Prothonota (SLal) I ��. �//_—- Deputy REQUESTING PARTY: Name: ADAM H.DAVIS,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BLVD,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-5630-7000 Supreme Court ID No.203034 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY :'LEDvri-i%E ar+ri:tw T i E P R O T H O N r T A 201►i AUG 29 PM 2: CI1 CUMBERLAND COUNTY PENNSYLVANIA OFFICE OF THE SgERIFF JP Morgan Chase Bank, NA vs. Eric R. Buxton (et al.) Case Number 2012-1055 SHERIFF'S RETURN OF SERVICE 06/16/2014 03:25 PM - Deputy Dawn Kell, 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 2506 Mallard Way, Upper Allen Township, Mechanicsburg, PA 17055, Cumberland County. 06/20/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $121.42 SO ANSWERS, August 28, 2014 Count: Su: e: Sheriff, feleoaoft. Inc. RONR ANDERSON, SHERIFF .as- pd(a. #-# 9 'a 316 V/f 6. On May 20, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Known and numbered as, 2506 Mallard Way, Mechanicsburg, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: May 20, 2014 By: C-Oack_at Real Estate Coordinator 10'.01 V otZ t' 331'87344S -30\ Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FILTD-GH:10:- OF TFE 1);OTIIONG 1AR.: 2214NOV 21 fji10: 26 Ot.illY.IERLIND COUNTY PE1-4NSYLV!\NIA Attorney For Plaintiff JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, S/B/M CHASE HOME FINANCE, LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff V. ERIC R. BUXTON STACY L. BUXTON Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 2012-1055 CIVIL PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTI14F PURSUANT TO Pa.R.C.P., 2352 TO THE PROTHONOTARY: Kindly substitute FEDERAL NATIONAL MORTGAGE ASSOCIATION as successor Plaintiff for the originally named Plaintiff. Date: The material facts on which the right of succession and substitution are based as follows: FEDERAL NATIONAL MORTGAGE ASSOCIATION is the current holder of the mortgage by virtue of that certain Assignment of Mortgage, which Assignment was recorded on 10/13/2014 in Instrument No. 201423249 of the Recorder of Deeds Office in and for CUMBERLAND County. Kindly a end the information on the PH # 771642 ocket accordingly. Pa Cressman to Esq., Id, No.3 8079 y for Plaintiff qp h1 t.1-)1-7als/ Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SIB/r%1 CHASE HOME FINANCE, LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff v. ERIC R. BUXTON STACY L. BUXTON Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 2012-1055 CIVIL PRAECIPE TO MARK JUDGMENT TO USE PLAIN 111114 TO THE PROTHONOTARY: Please mark the judgment in the above -captioned matter to the use of FEDERAL NATIONAL MORTGAGE ASSOCIATION, located 14221 DALLAS PARKWAY, SUITE, 100, DALLAS, TX 75254 Date: PH # 771642 an, Esq., Id. No.31 8079 orney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff JPMORGAN. CHASE BANK, NATIONAL ASSOCIATION, S/B/M CHASE HOME FINANCE, LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff V. ERIC R. BUXTON STACY L. BUXTON Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 2012-1055 CIVIL ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of FEDERAL NATIONAL MORTGAGE ASSOCIATION. Date: PH # 771642 Pau essr a on , Esq., Id. No.3 l 8079 ey for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SB/M CHASE HOME FINANCE, LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff v. ERIC R. BUXTON STACY L. BUXTON Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 2012-1055 CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Plaintiffs Praecipe to Mark Judgment to FEDERAL NATIONAL MORTGAGE ASSOCIATION, Substitution of Party Plaintiff and Entry of Appearance were served by regular mail on the person(s) on the date listed below: ERIC R. BUXTON 2401 NORTH 2ND STREET HARRISBURG, PA 17110-1105 STACY L. BUXTON 511 WEST SIMPSON STREET MECHANICSBURG, PA 17055-3765 THE UNITED STATES OF AMERICA C/O THE UNlI ED STA 1'ES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 1164 FEDERAL BUILDING, 228 WALNUT STREET HARRISBURG, PA 17101 Date: PHELAN HALLINAN, LL1 Pau essm to , Esq., Id. No.318079 y for Plaintiff