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Home My WebLink About12-1403PHELAN HALLINAN & SCHMIEG, LLP Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 284086 JPMORGAN CHASE BANK, N.A. SUCCESSOR IN INTEREST TO WASHINGTON MUTUAL BANK F/K/A PNC MORTGAGE CORPORATION OF AMERICA 7255 BAYMEADOWS WAY JACKSONVILLE, FL 32256 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO. J??13 V. CUMBERLAND COUNTY ANNETTE AUMILLER 718 HUMMEL AVENUE LEMOYNE, PA 17043-1831 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE mw Y1. --c rv r-7r <ca s? _ C) i p ti N D M -- t? G'1-* i//:33// File #: 284086 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 k 284086 I. Plaintiff is JPMORGAN CHASE BANK, N.A. SUCCESSOR IN INTEREST TO WASHINGTON MUTUAL BANK F/K/A PNC MORTGAGE CORPORATION OF AMERICA 7255 BAYMEADOWS WAY JACKSONVILLE, FL 32256 2. The name(s) and last known address(es) of the Defendant(s) are: ANNETTE AUMILLER 718 HUMMEL AVENUE LEMOYNE, PA 17043-1831 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/30/1996 ANNETTE AUMILLER made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book 1345, Page 254.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 12/01/2010 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. Filet 284086 6. The following amounts are due on the mortgage as of 1/31/2012: Principal Balance $45,144.23 Interest $4,514.40 11/01/2010 through 1/31/2012 Late Charges $240.50 Property Inspections $431.90 Escrow Deficit $1,965.54 TOTAL $52,296.57 7. 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. 8. 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. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $52.296.57, 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. & SCHMIEG, LLP By: Robe sick, Esquire Attorney r Plaintiff File #: 284096 LEGAL DESCRIPTION ALL THAT CERTAIN parcel of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Hummel Avenue at a distance of 145 feet measured in a westerly direction from the south west corner of Hummel Avenue and Seventh Street (formerly Lorne Street); thence in a southerly direction along the western lot line of Lot No. 4, Section 'E' on a Plan of Lots hereinafter mentioned 150 feet to a point on the northern line of Peach Alley; thence in a westerly direction along the northern line of Peach Alley, 17.5 feet, more or less, to a point; thence in a northerly direction along a line running through the center of a partition wall of a double brick erected in part on said Lot, 150 feet to a point on the southern line of Hummel Avenue; thence in an easterly direction along the southern line of Hummel Avenue, 17.5 feet, more or less, to a point, the place of BEGINNING. BEING the eastern half of Lot No. 5, Section 'E', Plan No. L of Riverton, Pennsylvania, said Plan being recorded in the Recorder's Office of Cumberland County in Deed Book J Volume 4 page 40. HAVING THEREON ERECTED the eastern half of a two and one-half story brick dwelling house, numbered 718 Hummel Avenue (formerly 418 Hummel Avenue) BEING the same premises which Frank J. Rubuck and Mary Ruback, his wife, by Deed dated 9-30-96 and intended to be herewith recorded, granted and conveyed unto Annette Aumiller. File #: 284086 PROPERTY ADDRESS: 718 HUMMEL AVENUE, LEMOYNE, PA 17043-1831 PARCEL # 12-22-0824-187 File #: 284086 VERIFICATION )(1,a) 00gc()Vor vice ?ceskAent ,hereby states that he/she is 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: Vebruay? 2012 T JPMORGAN CHASE BANK, NATIONAL ASSOCIATION File#: 284086 Name: AUMILLER File #: 284086 Title: vice President SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ??rtit 4t cumb,"'f €7L I I U 1012 PEAR 20 Ate 10* 4' Richard W Stewart Solicitor JP Morgan Chase Bank, NA vs. Annette Aumiller E TH" Wr C"'UERLAND CO PENNSYLVANIA _ Case Number 2012-1403 SHERIFF'S RETURN OF SERVICE 03/12/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Annette Aumiller, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Annette Aumiller. Request for service at 9 Center Drive, Camp Hill, Pennsylvania 17011 the Defendant was not found. Deputies were advised this is the Defendant's Mothers residence. Annette Aumiller currently resides at 718 Hummel Avenue, Lemoyne, Pennsylvania 17043. 03/13/2012 07:09 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on March 13, 2012 at 1909 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Annette Aumiller, by making known unto herself personally, at 718 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $80.00 March 16, 2012 RYAN BURGETT, DE SO ANSWERS, R-0NI`V R ANDERSON, SHERIFF ici Goi.mtySulte Sheriff. Teleac o?t_ Inc 711 P O TNONO TA Wltorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP Zachary Jones, Esq., Id. No.310721 2 t Z MAY 22 AM 1l: 56 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza CUMBERLAND COUNTY Philadelphia, PA 19103 PENNSYLVANIA 215-563-7000 JPMORGAN CHASE BANK, N.A. SUCCESSOR IN INTEREST TO WASHINGTON MUTUAL BANK F/K/A PNC MORTGAGE CORPORATION OF AMERICA VS. ANNETTE AUMILLER : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 12-1403-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against ANNETTE AUMILLER, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff s damages as follows: As set forth in Complaint TOTAL $52,296.57 $52,296.57 I hereby certify that (1) the Defendant's last known address is 718 HUMMEL AVENUE, LEMOYNE, PA 17043-1831, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date ?- squire Nary Wrlaintiff 1"t V ' ?? as Attorney G DAMAGES ARE HEREBY ASSESSED AS INDICATED. y $S O DATE: tJ 'a'1? I PHS # 284086 PROTHONOTARY 284086 PHELAN HALLINAN & SCHMIEG, LLP Zachary Jones, Esq., Id. No.310721 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, N.A. SUCCESSOR IN INTEREST TO WASHINGTON MUTUAL BANK F/K/A PNC MORTGAGE CORPORATION OF AMERICA VS. ANNETTE AUMILLER Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 12-1403-CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant ANNETTE AUMILLER is over 18 years of age and resides at 718 HUMMEL AVENUE, LEMOYNE, PA 17043-1831. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relatint, to unsworn falsification to authorities. Date ?. ary Jo re Attorney f iff 284086 (Rule of Civil Procedure No. 236) - Revised JPMORGAN CHASE BANK, N.A. SUCCESSOR IN INTEREST TO WASHINGTON MUTUAL BANK F/K/A PNC MORTGAGE CORPORATION OF AMERICA VS. ANNETTE AUNIILLER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 12-1403-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on cJ aA I a . By: If you have any questions concerning this matter please contact: Phelan Hallinan & Schmieg, LLP Zachary Jones, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU IIAV.E PREP70USL RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OFA LIEN AGAINST PROPERTY. ** 284086 JPMORGAN CHASE BANK, N.A. SUCCESSOR IN INTEREST TO WASHINGTON MUTUAL BANK F/K/A PNC MORTGAGE CORPORATION OF AMERICA Plaintiff V. ANNETTE ALUAMLER Defendant(s) TO: ANNETTE AUMILLER 718 HUMMEL AVENUE LEMOYNE, PA 17fid'A < - ' DATE OF NOTICE: qT'?'-511401 COURT OF COMMON PLEAS CIVIL DIVISION NO. 12-1403-CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL. BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WTffi THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER RVIPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: _. .. a rushwood, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 284086 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-1403 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK, N.A. SUCCESSOR IN INTEREST TO WASHINGTON MUTUAL BANK FWA PNC MORTGAGE CORPORATION OF AMERICA Plaintiff (s) From ANNETTE AUMILLER (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: $52,296.57 L.L.: $30 Interest FROM 5/23/2012 TO DATE OF SALE ($8.60 PER DIEM) - $1,694.20 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $231.26 Other Costs: Plaintiff Paid: Date: 8/2/2012 David D. Buell, Prothonbtary (Seal) By: Deputy REQUESTING PARTY: Name: MATTHEW BRUSHWOOD, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 310592 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE P.R.C.P.3180-3183 JPMORGAN CHASE BANK, N.A. SUCCESSOR IN INTEREST TO WASHINGTON MUTUAL BANK F/K/A PNC MORTGAGE CORPORATION OF AMERICA Plaintiff V. ANNETTE AUMILLER Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 05/23/2012 to Date of Sale ($8.60 per diem) TOTAL Note: Please attach description of property. PHS # 284086 Ds a$. SG Q $O.OU 103.75 (" 1 lA . So U a S? ?? ? Q ga3,.as ?P COURT OF . CIVIL DIVISION NO.. CUMBERLAND C( a rn iV C_ C_ tQ ao. $52,296.57 30.n s $1,694.20 fl-4 CID $53,990.77 elan H na Schmieg, LLP atthew Brushwood, Esq., Id. No.310592 Attorney for Plaintiff (?` ,ara?a3 D)mu- Q -) P k -7 Uj PLEAS «a -1.., ?m S? T15 slzd d w x a d 0 F 3 0 F w F ?U O? z ? d ?? UO arA y r0 Qi O Z Farr ????J?J?J O O? ?w U F h? V a0. > z 0 F U L Oc W dC Q W d ? z ? a b ? M ? w 00 n7 ? ?dQ a??'i Q W a, zz?o N 0 M az i 4° ??o LEGAL DESCRIPTION ALL THAT CERTAIN parcel of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Hummel Avenue at a distance of 145 feet measured i a westerly direction from the south west corner of Hummel Avenue and Seventh Street (formerly Lorne Street); thence in a southerly direction along the western lot line of Lot No. 4, Section 'E' on a Plan of Lo :s hereinafter mentioned 150 feet to a point on the northern line of Peach Alley; thence in a westerly direction along the northern line of Peach Alley, 17.5 feet, more or less, to a point; thence in a northerly direction long a line running through the center of a partition wall of a double brick erected in part on said Lot, 150 feet to a point on the southern line of Hummel Avenue; thence in an easterly direction along the southern line of Hummel Avenue, 17.5 feet, more or less, to a point, the place of BEGINNING. BEING the eastern half of Lot No. 5, Section'E', Plan No. L of Riverton, Pennsylvania, said Plan be' g recorded in the Recorder's Office of Cumberland County in Deed Book J Volume 4 page 40. HAVING THEREON ERECTED the eastern half of a two and one-half story brick dwelling house. TITLE TO SAID PREMISES VESTED IN Annette Aumiller, a single woman, by Deed from Ruback, a widowed woman, dated 09/30/1996, recorded 10/17/1996 in Book 147, Page 158. PREMISES BEING: 718 RUMMEL AVENUE, LEMOYNE, PA 17043-1831 PARCEL NO. 12-22-0824-187 PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 i i F.U -OFF C E 1617 JFK Boulevard, Suite 1400 o J-H FROTHONOTAK One Penn Center Plaza Philadelphia, PA 19103 2012 AUG -2 AK 11: 00 215-563-7000 CUMBERLAND COUNTY ANVA JPMORGAN CHASE BANK, N.A. SUCC] ffild"MVINT INTEREST TO WASHINGTON MUTUAL BANK F/K/A PNC MORTGAGE CORPORATION OF AMERICA Plaintiff v. ANNETTE AUMILLER Defendant(s) CERTIFICATION Attorneys for P COURT OF CIVIL DIVISION NO.. PLEAS CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3S This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn authorities. By: elan Wan & Schmieg, LLP Matthew rushwood, Esq., Id. No.310592 Attorney for Plaintiff 13 sification to JPMORGAN CHASE BANK, N.A. SUCCESSOR IN COURT OF COMM INTEREST TO WASHINGTON MUTUAL BANK F/K/A PNC„MORTGAGE CORPORATION OF AMERICA :D -0 €F(?& DIVISION Plaintiff C 1 PROTHONOTAV 403-CIVIL V. 2012 At -2 ANNETTE AUMILLER CUMBERLAND COUNTY jENNSYLOIMERLAND CO Defendant(s) PHS # 284086 AFFIDAVIT PURSUANT TO RULE 3129.1 JPMORGAN CHASE BANK, N.A. SUCCESSOR IN INTEREST TO WASHINGTON MUTUAL BANK MORTGAGE CORPORATION OF AMERICA, Plaintiff in the above action, by the undersigned attorney, sets forth as Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 718 HUMM LEMOYNE, PA 17043-1831. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) ANNETTE AUMILLER Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 718 HUMMEL AVENUE LEMOYNE, PA 17043-1831 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to Name Address (if address cannot be reasonably ascertained, please indicate) LVNV Funding, LLC Collins Financial Services, Inc. C/O Apothaker & Associates, PC 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 2101 West Ben White Boulevard Austin, TX 78704 LVNV FUNDING, LLC C/O DAVID J. APOTHAKER, ESQ. LVNV FUNDING, LLC COLLINS FINANCIAL SERVICES, INC. C/O FREDERIC I. WEINBERG, ESQUIRE APOTHAKER & ASSOCIATES PC 520 FELLOWSHIP RD # C306 MT LAUREL, NJ 08054 15 SOUTH MAIN STREET, SUITE 500 GREENVILLE, SC 29601 GORDON & WEINBERG PC 1001 E HECTOR ST STE 220 CONSHOHOCKEN, PA 19428 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) PLEAS /A PNC he date the AVENUE, sold: None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be 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 be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program Domestic Relations of Cumberland County 718 HUMMEL AVENUE LEMOYNE, PA 17043-1831 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Federal Building P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my persc knowledge or information and belief. I understand that false statements herein are made subject to of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to aAhorikM Date: r , By: Attorney for Plaintiff chmieg, LLP Esq., Id. No.310592 by the which may penalties JPMORGAN CHASE BANK, N.A. SUCCESSOR IN INTEREST COURT OF COMMON TO WASHINGTON MUTUAL BANK F/K/A PNC MORTGAGE CORPORATION OF AMERICA : CIVIL DIVISION Plaintiff : NO.: 12-1403-CIVIL VS. CUMBERLANPLJC%N ANNETTE AUMILLER C-- -° _...;.. Defendant(s) r rtn° xW - r" r- 0 =70 Gn =r- cl C) I to' NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ?,. TO: ANNETTE AUMILLER 718 HUMMEL AVENUE LEMOYNE, PA 17043-1831 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION BTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BAN UPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT 13NLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 718 HUMMEL AVENUE, LEMOYNE, PA 17043-1831 is schedul d to be sold at the Sheriff's Sale on 12/05/2012 at 10:00 AM in the Cumberland County Courthouse, South anovei Street, Carlisle, PA 17013 to enforce the court judgment of $52,296.57 obtained by JPMORGAN C SE BANK, N.A. SUCCESSOR IN INTEREST TO WASHINGTON MUTUAL BANK F/K/A PNC MORTGAGE CORPORATION OF AMERICA (the mortgagee) against you. In the event the sale i 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, cos and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x t:230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the if the judgment was improperly entered. You may also ask the Court to postpone the sale for good c 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.) )PERTY AND YOU HAVE OTHER RIG] 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 put 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 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 ?ut 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 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 ' 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 t e 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 after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA E A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED I 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. 12-1403-CIVIL JPMORGAN CHASE BANK, N.A. SUCCESSOR IN INTEREST TO WASHINGTON MUTUAL BANK F/K/A PNC MORTGAGE CORPORATION OF AMERICA VS. ANNETTE AUMILLER owner(s) of property situate in the BOROUGH OF LEMOYNE, Cumberland County, Pennsylvania, being (Municipality) 718 HUMMEL AVENUE, LEMOYNE, PA 17043-1831 Parcel No. 12-22-0824-187 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $52,296.57 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN parcel of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Hummel Avenue at a distance of 145 feet measured in westerly direction from the south west corner of Hummel Avenue and Seventh Street (formerly Lorne Street); thence in a southerly direction along the western lot line of Lot No. 4, Section 'E' on a Plan of Lot hereinafter mentioned 150 feet to a point on the northern line of Peach Alley; thence in a westerly directic along the northern line of Peach Alley, 17.5 feet, more or less, to a point; thence in a northerly direction a a line running through the center of a partition wall of a double brick erected in part on said Lot, 150 feet point on the southern line of Hummel Avenue; thence in an easterly direction along the southern line of Hummel Avenue, 17.5 feet, more or less, to a point, the place of BEGINNING. BEING the eastern half of Lot No. 5, Section'E', Plan No. L of Riverton, Pennsylvania, said Plan beir recorded in the Recorder's Office of Cumberland County in Deed Book J Volume 4 page 40. HAVING THEREON ERECTED the eastern half of a two and one-half story brick dwelling house TITLE TO SAID PREMISES VESTED IN Annette Aumiller, a single woman, by Deed from Ruback, a widowed woman, dated 09/30/1996, recorded 10/17/1996 in Book 147, Page 158. PREMISES BEING: 718 HUMMEL AVENUE, LEMOYNE, PA 17043-1831 PARCEL NO. 12-22-0824-187 ..._ ~LrT~,s,_ r .~ Phelan Hallinan & Schmieg, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, N.A. SUCCESSOR IN INTEREST TO WASHINGTON MUTUAL BANK F/K/A PNC MORTGAGE CORPORATION OF AMERICA : Plaintiff ATTORNEY FOR PLAINTIFF v. ANNETTE AUMILLER Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 12-1403-CIVIL PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on March 2, 2012. 2. Judgment was entered on May 22, 2012 in the amount of $52,296.57. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 5, 2012. 284086 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $45,144.23 Interest Through November 5, 2012 $7,272.51 Late Charges $240.50 Legal fees $1,875.00 Cost of Suit and Title $698.75 Property Inspections $424.20 Mortgage Insurance Premium to be paid prior to December $21.86 5, 2012 Escrow Deficit $4,615.77 TOTAL $60,292.82 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on November 5, 2012 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. 284086 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: ~~,'~ Phelan Hallinan & Schmieg, LLP By: Jus ' . K es ,Esquire AT RNEY FOR PLAINTIFF 284086 Phelan Hallinan & Schmieg, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, N.A. SUCCESSOR IN INTEREST TO WASHINGTON MUTUAL BANK F/K/A PNC MORTGAGE CORPORATION OF AMERICA Plaintiff v. ANNETTE AUMILLER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.:12-1403-CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE ANNETTE AUMILLER 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. Plaintiff s Note was secured by a Mortgage on the Property located at 718 HUMMEL AVENUE, LEMOYNE, PA 17043-1831. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 284086 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. IL LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM ,TUDGMENT 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 Mort ag_ge Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect 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 284086 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 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 284086 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 dollaz amount in the in rem judgment is for bidding at the Sheriff s 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 cleazly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the 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. 284086 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attomey's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shoppin Cg_enter, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often 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 often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 284086 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 284486 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. 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. 284086 Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff s Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: ~ I ~ ~ T /r2 Phelan Hallinan & Schmieg, LLP By: Ju F. obes Esquire A orney for Plaintiff 284086 Exhibit "A" 284086 PHELAN HALLINAN dt SCHMIEG, LLP ~'~' ~ Tt ~~ ~QTWpNpTAR~torney for Plaintiff Zachary Jones, Esq., Id. No.310721 2Q i 1 HA Y 22 qy ~ 1:56 1617 JEK Boulevard, Suite 1400 One Penn Center Plaza CUI'IBERLgNp C0l~jtY Philadelphia, PA 19103 PENNSYLVANIA 215-563-7000 JPMORGAN CHASE BANK, N.A. SUCCESSOR IN INTEREST TO WASHINGTON MUTUAL BANK F/K/A PNC MORTGAGE CORPORATION OF AMERICA vs. ANNETTE AUMILLER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.12-1483-CML PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSES3ME_NT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against 1 ~ T ~ ~ Defendant(s) for failure to file an Answer to Plaintiff's Com}~laint within 20 d ys from service thereof aad for foreclosure and sale of the mortgaged premises, and assess Plaintiff s damages as follows: As set forth in Complaint TOTAL DATE: S 'i~ ~ ~- $52,2%.57 $52,2%.57 I hereby certify that (1) the Defendant's last lmown address is 718 RUNNEL AVENUE, LEMOYNE, PA 17043-1831, and (2) that notice has been given in accordance with Rule PaR.C.P 237.1. Date Z Nary J ~ gyure Attorney r laintiff (,i w-t • 1 V • Sdr d p ~'~ qoa~~ DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~ "'~ ~~" ~ 53 ~ 0 PHS M 284086 284086 a ~' PROTHONOTARY Exhibit "B" 284086 PHELAN HALLINAN & SCHMI:EG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215)563-7000 FAX#: (215) 563-3459 Phelan Hallman & Schrnieg, LLP Representing Lenders in Pennsylvania and New Jersey November 5, 2012 ANNE'1"I'F; AUMILLER 718 HUMMEL AVENUE LEMOYNE, PA 17043-1831 RE: JPMORGAN CHASE BANK, N.A. SUCCESSOR IN INTEREST TO WASHINGTON MUTUAL BANK F/K/A PNC MORTGAGE CORPORATION OF AMERICA v. ANNETTE AUMILLER Premises Address: 718 HUMMEL AVENUE LEMOYNE, PA 17043 CUMBERLAND County CCP, No. 12-1403-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3{9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 11/12/2012. Should you have iizrther questions or concerns, please do not hesitate to contact me, Otherwise, please be guided accordingly. Ver truly y u.~;, .lust' )~. `eabeski, Esq., Id. No.200392 At rev for Plaintiff Enclosure 284086 £0~613Q[Y.)a~':Q~RVMI. ... '~ •,~ ,a ~ ~ 00 ttWt . ~~Zttzwa~s', f o ~ ~ i' ti 1~6 ~~ a a ~~ ~' ~` ~~ ~^ a. :,~ 8 ' ~ c~ ~~ ~ ,~ ~ Z~ ~ ° ; ~ „ Phelan Hallinan & Schmieg, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, N.A. SUCCESSOR IN INTEREST TO WASHINGTON MUTUAL BANK F/K/A PNC MORTGAGE CORPORATION OF AMERICA Plaintiff v. ANNETTE AUMILLER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.:12-1403-CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. ANNETTE AUMILLER 718 HUMMEL AVENUE LEMOYNE, PA 17043-1831 DATE: ~ ~ 1- ~t~-2 ANNETTE AUMILLER 9 CENTER DRIVE CAMP HILL, PA 17011-7605 Phelan Hallinan & Schmieg, LLP By: Juste . Ko eski, Esquire A RNEY FOR PLAINTIFF 284086 JPMORGAN CHASE BANK, N.A., IN THE COURT OF COMMON PLEAS OF SUCCESSOR IN INTEREST TO :CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F/K/A PNC MORTGAGE CORP. : OF AMERICA, : PLAINTIFF V. ANNETTE AUMILLER, DEFENDANT : NO. 12-1403 CIVIL ORDER OF COURT AND NOW, this 20th day of November, 2012, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before December 10, 2012; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further C-rder or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. /Justin F. Kobeski, Esquire Attorney for Plaintiff / Annette Aumiller Defendant Cg~o~`es N1Cc~ /ed tl f .2l//~2 bas ~L ---, __ . _ -_-a ..._ i ~ _ ..~.... 1..,...,. ... _. =,- c- - . ~': ; _ . _, ~ .. :~: .-t By the Court, ,'-~} ~. %' C~ f..:i~ v' PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Allison F. Wells, Esq., Id. No.309519 ~~ ~ ~ ~ n ~~, J ~ ~ ~~ ~- <<~ i ,.? ~,wl-1F-, 1617 JFK Boulevard, Suite 1400 ~,° ~ c~ v 1. ti~r~ ~,~ f A One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, N.A. SUCCESSOR IN CUMBERLAND COUNTY INTEREST TO WASHINGTON MUTUAL BANK F/K/A PNC MORTGAGE CORPORATION OF COURT OF COMMON PLEAS AMERICA Plaintiff, CIVIL DIVISION v. No.: 12-1403-CIVIL ANNETTE AUMILLER Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certif 'Return Receipt stamped by the U.S. Postal Service is attached hereto Exhi . -- Raison r. ~.s~~ Attorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. I ma not be sold in the absence of a representative of the plaintiff at the Sheriff s Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 284086 r JPMORGAN CHASE BANK, N.A. SUCCESSOR IN INTEREST TO WASHINGTON MUTUAL BANK F/K/A PNC MORTGAGE CORPORATION OF AMERICA Plaintiff v. ANNETTE AUMILLER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 12-1403-CIVIL CUMBERLAND COUNTY PHS # 284086 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 JPMORGAN CHASE BANK, N.A. SUCCESSOR IN INTEREST TO WASHINGTON MUTUAL BANK F/K/A PNC MORTGAGE CORPORATION OF AMERICA, 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 718 HUM11~L AVENUE, LEMOYNE, PA 17043-1831. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) ANNETTE AUMILLER 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 718 RUNNEL AVENUE LEMOYNE, PA 17043-1831 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) LVNV Funding, LLC C/O Apothaker & Associates, PC 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Collins Financial Services, Inc. 2101 West Ben White Boulevard Austin, TX 78704 LVNV FUNDING, LLC C/O DAVID J. APOTHAKER, ESQ. LVNV FUNDING, LLC COLLINS FINANCIAL SERVICES, INC. C/O FREDERIC I. WEINBERG, ESQUIRE JPMorgan Chase Bank, N.A. JPMorgan Chase Bank, N.A. C!O Peter J. Mulcahy, ESQ. APOTHAKER & ASSOCIATES PC 520 FELLOWSHIP RD # C306 MT LAUREL, NJ 08054 15 SOUTH MAIN STREET, SUITE 500 GREENVILLE, SC 29601 GORDON & WEINBERG PC 1001 E HECTOR ST STE 220 CONSHOHOCKEN, PA 14428 7255 Baymeadows Way Jacksonville, FL 32256 1100 VA DR M/C 190-FTW-L95 FORT WASHINGTON, PA 19034 Penn Waste, Inc. Ream, Carr, Markey & Woloshin LLP C/O John N. Elliott, ESQ. 119 E MARKET STREET York, PA 17401 Penn Waste, Inc. 85 Brickyard Road York, PA 17402 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 718 HUMMEL AVENUE LEMOYNE, PA 17043-1831 Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program Domestic Relations of Cumberland County 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Federal Building P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of 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 falsificat;~n m anrhnrir;ec Date: ~T ~ ~~ ~z ~ _. ~ ~ ~ ~ ~ ~' 1 3 W G A 00 ~ `~ J ti ~_ ~ x~ ~ ~ x D1~ s ~ ~ x. ~, :.~ tD _,. _ _..~:._,_e.__. _ ~~ ~ro~~ ~~x~~<~ ~~ o ~~ ~ w n' ~ ~' ~ -e ., -- ~?Yy ~, >~ m w 1tic m r ~Qop~ Cow ~~,~ ~~,~,, ~ ~ ~;~' ~ ~ O '~ n' ro ~ t; ~,' 'p .,y n '~ ~ ~ A M C a `e ~' x '~ G"C ~°ngi ~ ,p,. N c~rv~~ 4 C ~~,` ~ ~. ~ tle O ~ O Vi ~, g ~, `~~' N tJ T. ~~~~ L ~: ~ ,~ a °. ._ 77 A 7 ~ l7C,o. ~,~ R D _. ~w ~~~ A ~i ~~~ b O Via ~ h ~, v ~ ~ ~~~~ ~~ ~a g ~~~s ,F, ~. ~ ~ ~ ~, n~K~ v ~..wp '-~ C ~ N ~~~~; P.." ~.~~~. a 'Q ~ a ~ ~_ N ant ~ ~ ~ r-~ ~~~~ ~~~ C Q. ~{'C A P F ~ L(,~~ kxVr - Q ~ {, I . blr~l M ~ P 6 •~~~~ I 13s .I,. ... C - *..1 '.. ~~. ,ml~ ... ~~~ ~~ a~ ~ `~ n. ~~ ~~~~' ~ ~ f; tc z~ ~~ ~A ~ ~J r ~ us '~ a. o ~, ~~. >-. o ;.~ ~' ~. ~ ~ j~ ~~. ~ w ~$~ ~a«~ ~~. ~~ ~~ Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY _;- --,; = JP Morgan Chase Bank, NA Case Number vs. 2012-1403 Annette Aumiller SHERIFF'S RETURN OF SERVICE 10/03/2012 03:22 PM -Deputy Ryan Burgett, 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 718 Hummel Avenue, Lemoyne Borough, Lemoyne, PA 17043, Cumberland County. 10/03/2012 03:22 PM -Property is Vacant. cab 10/10/12 10/10/2012 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: Annette Aumiller, 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 718 Hummel Avenue, Lemoyne, PA 17043, property is vacant, post office still delivers mail there. 11/27/2012 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: $1,299.73 November 27, 2012 SO ANSWERS, ~G~'~_ RON R ANDERSON, SHERIFF y,~ 17~,~LQ L s ~'~ ~°~ ~ ~~~.,: ~ 3~ friY On August 8, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA, known and numbered 718 Hummel Avenue, Lemoyne, PA 17043- 1831 fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 8, 2012 BY: Gr~~~1~.~~ Claudia Brewbaker, Real Estate Coordinator 00 ~~ '~' q- 9~1a ll0l '_~( v V .~~ ~. ~. i I - _ ; J I J • .~ __ WRIT OF EXECUTION and/or A'T"rAC'HMEti"h COMMONWEALTH OF PENNSYLVANiA~~ COUNTY OF CUMBERLAND) ~t~ 12-1303 Ciwit TO THE SHERIFF OF CUMBERLAND COUNTY': To satisfy the debt, interest and costs due JPMORGAN CHASE BANK, N.A. SUCCESSOR IN INTEREST TO WASHINGTON MUTUAL BANK 1a:/K1A PNC MORTGAGE CORPORATION OF AMERICA Plaintiff (s) From ANNETTE AUMILLER (I) 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 possessioaz of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; {b) the garnishee(sj is enjoined from paying any debt to or for the account ofthe defendant (s) and from de~ivering any property of the defendant (s) or otherwise disposing thereof: (3) If property of the defendant(s) not levied up~~~n arl subject to attachment is Eound ir. the possession of anyone other than a named garnishee, you are directed to notify himiher that he; she has been added as :~ garnishee and is enjoined as above stated. Amount Due: $52,296.57 L.L.: 5.50 Interest FROM 5/23/2012 TO DATE OF SALE {$8.60 PER DIEM) - 51,694.20 Atty's Comm: °rb Due Frothy: 52.25 Atty Paid: 5:~3(. ,`l $ ether Costs: Plaintiff Paid: Date:8/2/2012 ~~~~~ ~ 3 ------ David D. Buell, Prot notary (Seal) By Deputy REQUESTING PARTY: Name: MATTHEW BRUSHWOOD, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLI' 1617 JFK BOULEVARD, SUI'T'E 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 310592 U SUE CpPY FR~1V1 RrCOR hand reof, t here unto set rnY T~,.~stimo a ofhsaid "out at Garlisl ~©1 r1 d the .,......,,... This ~daY °f prothonotary ~~C~ ~ . CUMBERLAND LAW JOURNAL writ xo. 2012-1403 civil Tern- JP MORGAN CHASE BANK, NA vs. ANNETTE AUMILLER Attn: Daniel Schmieg ALL THAT CERTAIN pazcel of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, more pazticulazly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Hummel Avenue at a distance of 145 feet measured in a westerly direction from the south west corner of Hummel Avenue and Seventh Street (formerly Lorne Street); thence in a southerly direc- tion along the western lot line of Lot No.4, Section `F on a Plan of Lots hereinafter mentioned 150 feet to a point on the northern line of Peach Alley; thence in a westerly direction along the northern line of Peach Alley, 17.5 feet, more or less, to a point; thence in a northerly direc- tion along a line..,9m;ng through the center of a partition wall of a double brick erected in part on said Lot, 150 feet to a point on the southern line of Hummel Avenue; thence in an easterly direction along the southern line of Hummel Avenue, 17.5 feet, more or less, to a point, the place of BEGINNING. BEING the eastern half of Lot No. 5, Section E, Plan No. L of River- ton, Pennsylvania, said Plan being recorded in the Recorder's Office of Cumberland County in Deed Book J Volume 4 page 40. HAVING THEREON ERECTED the eastern half of a two and one-half story brick dwelling house. TITLE TO SAID PREMISES VEST- ED IN Annette Aumiller, a single woman, by Deed from Mary Ru- back, awidowed woman, dated 09/30/1996, recorded 10/17/1996 in Book 147, Page 158. PREMISES BEING: 718 HUMMEL AVENUE, LEMOYNE, PA 17043-1831 PARCEL NO. 12-22-0824-187. 20 ~ -. 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: October 26, November 2 and November 9, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Y~ isa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this da of November 2012 ., Notary / N'7TARIAL. SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUPABERLAPJD COUNTY Pity Commission Lxpires Apr 28, 2C14 The Patriot-News Ca. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ~11e patriot News Now you know 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 Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, re:~pectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in ;and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/26/12 11/02/12 11 /09/12 2012 A.D. Notary Public ~OMMQNWEAL`t'M 4?~ p~NNSYLV~tTa Natarial Seal Sherrie L. Oavens, Notary Public Lower Paxton rwp., ~auphir, County ~~ My Commission Expires_Nov. 26, '2015 _i MEMBER, PEN~!SYCVANTA A55DC" ,7rn~.~ ;~~ nJr-";tjR'FS ZO12•i4O3 ChtN iiatm JP MORfiAN CHASE BANK, NA vs. ANNETTE AUMILLER Atilt: Danlol Sahmleg ALL.THAT CERTAIN parcel of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wii: BEGIlVNING at a point on the southern line of Hummel Avenue at a distance of 145 feet measured in a westerly direction from the south west comer of Hummel Avenue and Seventh Street (formerly Lome Street); thence in a southerly direction along the western lot line of Lot No.4, Section `F on a Plan of Lots hereinafter mentioned 150 feet to a point on the'northmn line of Peach Alley; thence in a rl~direction along the northern line ach A11ey,17S feet, more or less, to a inh thence iA a northerly direction aio aline miming through thq cgntet of a partition wall of a double bridkyerected in part on said Lot, 150 feet to a point on the southern line of Hummel Avenue; thence in an easterly duection along the southern line of Hummel Avenue, 17.5 feet, more or less, to a point, the place of BEGINNING. BEING i the eastern half of Lot No. 5, Section E, Plan No. L of Riverton, Pennsylvania, said Plan being recorded in the Recorder's Office of Cumberland County in Deed Book J Volume 4 page 40. -: t HAVING THEREON ERECTED the eastern hall of a two and one-half story brick dwelling house. TITLE TO SAID PREMISES VESTED IN Annette Aumiller, a single woman, by Deed from Mary Ruback, a widowed woman, dated09/30/1996, recorded 10/17/1996 in Book 147, Page 158. PREMISES BEING: 718 HUMMEL AVENUE, LEMOYNE, PA 17043-1831 PARCEL N0.12-22-0824-187 JPMORGAN CHASE BANK, N.A. SUCCESSOR IN INTEREST TO WASHINGTON MUTUAL BANK F/K/A PNC MORTGAGE CORPORATION OF AMERICA Plaintiff v. ANNETTE AUMILLER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION N0.:12-1403-CIVIL CUMBERLAND COUNTY PHS # 284086 AFFIDAVIT PURSUANT TO RULE 3129.1 JPMORGAN CHASE BANK, N.A. SUCCESSOR IN INTEREST TO WASHINGTON MUTUAL BANK F/K/A PNC MORTGAGE CORPORATION OF AMERICA, 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 718 RUNNEL AVENUE, LEMOYNE, PA 17043-1831. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) ANNETTE AUMILLER 718 RUNNEL AVENUE LEMOYNE, PA 17043-1831 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) LVNV Funding, LLC C/O Apothaker & Associates, PC 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Collins Financial Services, Inc. 2101 West Ben White Boulevard Austin, TX 78704 LVNV FUNDING, LLC C/O DAVID J. APOTHAKER, ESQ. LVNV FUNDING, LLC COLLINS FINANCIAL SERVICES, INC. C/O FREDERIC I. WEINBERG, ESQUIRE 4. Name and address of last recorded holder of e~ Name None. APOTHAKER & ASSOCIATES PC 520 FELLOWSHIP RD # C306 MT LAUREL, NJ 08054 IS SOUTH MAIN STREET, SUITE 500 GREENVILLE, SC 2960] GORDON &WEINBERG PC 1001 E HECTOR ST STE 220 CONSHOHOCKEN, PA 19428 ery mortgage of record: Address (if address cannot be reasonably ascertained, please indicate) . . ~ 5. Name and'address of every other person who has any record lien on the property: t Name ~ Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) Nonc. 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 TENANT/OCCUPANT Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Federal Building reasonably ascertained, please indicate) 718 HUMMEL AVENUE LEMOYNE, PA 17043-1831 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA ] 7105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct. to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to a on ' Date: ~ ~ py: Phel~n Y-Iallinchmieg, LLP Matt ew Brush d, Esq., ld. No.310592 Attorney for Plaintiff JPMORGAN CHASE BANK, N.A. SUCCESSOR IN INTEREST COURT OF COMMON PLEAS TO WASHINGTON MUTUAL BANK F/K/A PNC . MORTGAGE CORPORATION OF AMERICA CIVIL DIVISION Plaintiff N0.:12-1403-CIVIL vs. ANNETTE AUMILLER Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ANNETTE AUMILLER 718 HUMMEL AVENUE LEMOYNE, PA 17043-1831 **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 718 HUMMEL AVENUE, LEMOYNE, PA 17043-1831 is scheduled to be sold at the Sheriff's Sale on 12/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $52,296.57 obtained by JPMORGAN CHASE BANK, N.A. SUCCESSOR IN INTEREST TO WASHINGTON MUTUAL BANK F/K/A PNC MORTGAGE CORPORATION OF AMERICA (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 b~ 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 ca11215-563-7000. 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 SHOULll 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. 12-1403-CIVIL JPMOI2GAN CHASE BANK, N.A. SUCCESSOR IN INTEREST TO WASHINGTON MUTUAL BANK F/K/A PNC MORTGAGE CORPORATION OF AMERICA vs. ANNETTE AUMILLER owner(s) of property situate in the BOROUGH OF LEMOYNE, Cumberland County, Pennsylvania, being (Municipality) 718 HUMMEL AVENUE, LEMOYNE, PA 17043-1831 Parcel No. 12-22-0824-187 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $52,296.57 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 t• LEGAL DESCRIPTION ALL THAT CERTAIN parcel of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Hummel Avenue at a distance of 145 feet measured in a westerly direction from the south west corner of Hummel Avenue and Seventh Street (formerly Lorne Street); thence in a southerly direction along the western lot line of Lot No. 4, Section 'E' on a Plan of Lots hereinafter mentioned 150 feet to a point on the northern line of Peach Alley; thence in a westerly direction along the northern line of Peach Alley, 17.5 feet, more or less, to a point; thence in a northerly direction along a line running through the center of a partition wall of a double brick erected in part on said Lot, 150 feet to a point on the southern line of Hummel Avenue; thence in an easterly direction along the southern line of Hummel Avenue, 17.5 feet, more or less, to a point, the place of BEGINNING. BEING the eastern half of Lot No. 5, Section 'E', Plan No. L of Riverton, Pennsylvania, said Plan being recorded in the Recorder's Office of Cumberland County in Deed Book J Volume 4 page 40. HAVING THEREON ERECTED the eastern half of a two and one-half story brick dwelling house TITLE TO SAID PREMISES VESTED IN Annette Aumiller, a single woman, by Deed from Mary Ruback, a widowed woman, dated 09/30/1996, recorded 10/17/1996 in Book 147, Page 158. PREMISES BEING: 718 HI7MMEL AVENUE, LEMOYNE, PA 17043-1831 PARCF,L NO. 12-22-0824-187 w. . _ , .. Phelan Hallinan, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, N.A. SUCCESSOR IN INTEREST TO WASHINGTON MUTUAL BANK F/K/A PNC MORTGAGE CORPORATION OF AMERICA Plaintiff vs. ANNETTE AUMILLER Defendant ATTORNEY FOR PLAINTIFF Court: of Common Pleas Civil Division CUMBERLAND County No.:12-1403-CIVIL PRAECIPE TO WITHDRAW MOTION TO REASSESS DAMAGES TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion to Reassess Damages, filed on November 14, 2012 in the above referenced action. Phelan Hallinan, LL ~- DATE: gy. Allison s, sq., Id. No.309519 Attorney or Plaintiff ..> r~ ~~; 284086 ~ ~ Phelan Hallinan, LLP Allison I'. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, N.A. SUCCESSOR IN INTEREST TO WASHINGTON MUTUAL BANK F/K/A PNC MORTGAGE CORPORATION OF AMERICA Plaintiff VS. ANNETTE AUMILLER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND Cowity No.:12-1403-CIVIL CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Praecipe to Withdraw its Motion to Reassess Damages was served upon the following interested party on the date indicated below. ANNETTE AUMILLER 718 HUMMEL AVENUE LEMOYNE, PA 17043-1831 ANNETTE AUMILLER 718 HUMMEL AVE LEMOYNE, PA 17043 DATE: ANNETTE AUMILLER 9 CENTER DRIVE CAMP HILL, PA 17011-7605 Phelan Hallina , Allison .Wells, Esq., Id. No.309519 Attorney for Plaintiff 284086 AFFIDAVIT OF SERVICE (FHLMC) "~ PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK, N.A. SUCCESSOR IN INTEREST TO WASHINGTON MUTUAL BANK F/K/A PNC MORTGAGE PHS # 284086 ~~ CORPORATION OF AMERICA DEFENDANT SERVICE TEAM/ lxh ANNETTE ALIMILLER COURT NO.: 12-1403-CIVI L ~~ SERVE ANNETTE AUNIILLER AT: TYPE OF ACTION -~ ~ 9 CENTER DRIVE XX Notice of Sheriff s Sale 5 b 2012 ~ , er CAMP HILL, PA 17011-7605 SALE DATE: Decem ~ ~~ ~ SERVED Served and made known to ANNETTE AUMILLER, Defendan on the ~ 7~`day of 6 ER , 2011,-a~ ~~, o clock ~. M., at '11$ YMMG~• t ~MOYN~~a~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 50 s Height ~~_. Weight vl4Q Race ~ Sex ~ Other na cr,~ rV D !'T7 t"7 t W t.a °~r, ':: t..r , ~-°+t:~ .,~. ~'^ j Ww~~ ~. ~ 'l .) !' I g2_~.;t.. ~ iC i'~lvP_ 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 theme penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities..~t- 'RESIDENT @ cs,/~, ~ - ) DATE: 10 17 ?- ,~~7£D Te}A-T NAME: ~I,\/ ~~E'"A'r"+T R.~s rD~s Ronald Moll ~d Z~ Q ~,~uM6e. ~ PRINTED NAME: ~,~/~10~N~1 p~ TITLE: P1oCCSS Server NOT SERVED On the day of , 20_, at o'clock _. M., I, , a competent adult hereby state that Defendant~OT FO cause: _ Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: I understand that this statement is made. subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. n BY: PRINTED NAME ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn. Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa :I. 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 ya