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HomeMy WebLinkAbout12-2976IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, National Association, s/b/m/t Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, Plaintiff, vs. PENNY L. HOLLINGER, Defendant. TO DEFENDANT You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF ATTORNEY FOR P AINTL IFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 1 I I 1 Polaris Parkway Columbus, Off 43240 AND THE DEFENDANT IS: 55 Fickes Road Newville, PA 17241 ATTORNEY FOR PLAINTIFF CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS: 55 Fickes Road. Township of West Pennsboro (CITY, BORO, TOWNSHIP) (WARD) ATTORNEY FOR PLAINTIFF CIVIL DIVISION NO.: Imo{ - 0`1`7 7? oivil-iRp TYPE OF PLEADING: CIVIL ACTION-COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF PLAINTIFF: JPMorgan Chase Bank, National Association, s/b/m/t Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 Brian M. Kile, Esquire Pa. I.D. #89240 rnm =r-r; g rn ,y,. rn ....... GRENEN & BIRSIC, P.C. -.? One Gateway Center i~ :c Ninth Floor ,.' Pittsburgh, PA 15222 ?C' iz E =- (412) 281-7650 , / G 4/03.35 A0 A7ry all /3'19'57 e 2 757,3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, National CIVIL DIVISION Association, s/b/m/t Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, NO.: Plaintiff, vs. PENNY L. HOLLINGER, Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim 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 Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or Toll Free (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, National CIVIL DIVISION Association, s/b/m/t Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage NO.: Corporation, Plaintiff, vs. PENNY L. HOLLINGER, Defendant. CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE JPMorgan Chase Bank, National Association, s/b/m/t Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is JPMorgan Chase Bank, National Association, s/b/m/t Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, which has its principal place of business at 1111 Polaris Parkway, Columbus, OH 43240 and is authorized to do business in the Commonwealth of Pennsylvania. 2. The Defendant, Penny L. Hollinger, is an individual whose last known address is 55 Fickes Road, Newville, Pennsylvania 17241. 3. On or about October 23, 2003, Defendant executed a Note in favor of Waypoint Bank in the original principal amount of $97,132.00. A true and correct copy of said Note is marked Exhibit "A," attached hereto and made a part hereof. 4. On or about October 23, 2003, as security for payment of the aforesaid Note, Defendant made, executed, and delivered to Mortgage Electronic Registration Systems, Inc., as Nominee for Waypoint Bank, its successors and assigns, a Mortgage in the original principal amount of $97,132.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on October 28, 2003, at Mortgage Book Volume 1842, Page 3002. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B," attached hereto and made a part hereof. 5. Mortgage Electronic Registration Systems, Inc., as Nominee for Waypoint Bank, its successors and assigns, assigned all of its right, title and interest in and to the Mortgage and Note to Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, its successors and assigns pursuant to the terms of a certain Assignment of Mortgage, recorded in the Office of the Recorder of Deeds of Cumberland County on March 16, 2009, at Instrument Number 200907672. A true and correct copy of said Assignment of Mortgage is marked Exhibit "C," attached hereto and made a part hereof. 6. Defendant is the record and real owner of the aforesaid mortgaged premises. 7. Defendant is in default under the terms of the aforesaid Mortgage and Note tor, inter alia, failure to pay the monthly installments of principal and interest when due. Defendant is due for the June 1, 2009 payment. 8. On or about November 12, 2009, Defendant was mailed Notice of Homeowner's Emergency Mortgage Assistance Act of 1983 ("Act 91 Notice"), via certified mail, return receipt requested, and by first-class mail, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983, as amended. 9. Plaintiff was not required to send Defendant a separate Notice of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. §101, et seq., as a result of sending the Act 91 Notice. 10. The following amounts are due to Plaintiff on the Mortgage as of March 31, 2012: Principal $ 90,306.12 Interest from 5/1/09 through 3/31/12 $ 17,449.95 Late Charges $ 567.74 Escrow Deficiency $ 7,190.50 Corporate Advances $ 3,600.00 Attorneys' Fees $ 650.00 Foreclosure Costs $ 353.75 TOTAL $120,118.06 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant in the sum of $120,118.06, together with interest, costs, fees, and charges collectible under the note and mortgage including but not limited to attorneys fees and costs, and for the foreclosure and sale of the mortgaged property. GRENEN & BIRSIC, P.C. Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" ? y NOTE FHA Case No. Multistate yell, October 23rd, 2003 (Date] MIN: 100249600000013876 55 Fickes Road, Newville, PA 17241 (Property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means WAYPOINT BANK and its successors and assigns. 2. BORROWER'S PROWSE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of Ninety Seven Thousand One Hundred Thirty Two and no/100. Dollars (U.S. $ 97,132.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Six and five eighths percent ( 6.625 %) per year until the full amount of principal has been paid. 3. PROIUSE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date -is this Note and called the "Security Instrument." The Security Instrument protects the lender from losses which might result if Borrower defaults under this Note. 4. MARINER Or PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on December 1st , 2003 . Any principal and interest remaining on the first day of November , 2033 , will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at P. 0. Box 1711, Harrisburg, PA 17105 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 621.95 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. (Check applicable box] ?Graduated Payment Allonge ?Growing Equity Allonge ?Other (specify) 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. FHA Multistate Fixed Rate Note -10!95 (?, -1R roz1o? VMP MORTGAGE FORMS. (904)621-7291 Paqa 1 cl 2 Inlliats: 6. BORROWER'S FAILURE TO PA'S (A) Late Charge for, Overdue Payments If Lenderhas not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of Four percent ( 4.00 %) of the overdue amount of each payment. (B) Default. If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address, 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. 6 - Z3--03 (Seal) Penny L Hollinge -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower (Seal) (Seal) -Borrower pay to 1146 Borrower 6r nay to the order'cf: 01-JASE tvlANFIATTAN MORTGAGE CORPORA11C without Recourse e Corporalicm without ra ours YP NV CII ©ANK Chase rte M°rt9a9 C .,?J-y? p8t -1 R (0210) ?-?^? _1Y Pape 2 r ® BY q? r ?htt 1ARY ame: MA ITT I REBECCA 13ROWNIAS. Title: ---"t_S 0• MMOUGH SECRETARy EXHIBIT "B" {'?vi4Np ? R, / r,IJN y L _ ;E, Return To: WAY POINT BANK t('vl 101 S. George Street, York, PA 17401 Parcel Number: 46090517013 - (Space Above This Line For Recording Data] Commonwealth of Pennsylvania MORTGAGE 995010350446755 ;RT P. 71:7GI t? j:FV00RDER Jr DEECS 13ERLAND COUNTY-i 33 OCT 28 RM 10 yp Sa18'-I e??7 FHA Case No. I MIN 100249600000013876 THIS MORTGAGE (",Security Instrument") is given on October 23rd, 2003 The Mortgagor is Penny L Hollinger ("Borrower"). This Securitv Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MERS"), (solely as nominee for Lender, as hereinafter defined, and Lender's successors and assigns), as mortgagee. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. WAYPOI:NT BANK ("Lender") is organized and existing under the laws of the United States of America and has anaddress of P. 0. Box 1711, Harrisburg, PA 17105 . Borrower owes Lender the principal sum of Ninety Seven Thousand One Hundred Thirty Two and no/100. Dollars (U.S. S 97, 132. 00 HIA Pennsylvania Mortgage with MFRS - 4196 -4N(PA) (0207) A1nen d 6102 Pape 1 of 10 {nftlats: VMP MORTGAGE FORMS . (800)621.7 1 BKI842PG3002_ This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on November 1st, 2033 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in See Attached Legal Description Cumberland County, Pennsylvania: which hits the address of 55 Fickes Road [Streetl Newville [City), Pennsylvania 17291 I'LipCode] ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument; but, if necessary to comply with law or custom, MERS, (as nominee for Lender and Lender's successors and assigns), has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take ,tny action required of Lender including, but not limited to, releasing or canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. -4N(PA) 10207) Pape 2 al 10 M OKI842PG3003 Borrower and tender covenant and agree as follows: UNIFORM COVENANTS. 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been required if lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds." Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24 CPR Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). 3. Application of Payments. All payments under paragraphs I and 2 shall be applied by Lender as follows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other harard insurance premiums, as required; Third, to interest due under the Note; Fourth, to amortization of the principal of the Note; and Fifth, to late charges due under the Note. 4. Fire, Flood and Other hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in nitish: -4N(PA) 402071 a,oe 3 of io fTIQ 9KI842PG3004 the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if' not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold. Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 5. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. W dals -4NIPA) I02071 rape a of 10 gK 1842PG3005 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) of the Gam-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (it) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. .(/,??y?L Initia:s: i -4N(PA) 102071 Page 5 of 10 T m 8KI842PG3006 (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. Wtiala: -4N(PA) 102071 Pape b of 10 OKI842PG3007 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Propeny. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each Initfa?s" 4NIPA) t02071 vane 7 of 10 Oft ! 842PG3008 tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, attorneys' fees and costs of title evidence. If the Lender's Interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may invoke the nogjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law. 19. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shalt terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 20. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 22. Purchase Money Mortgage. if any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 23. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)]. ? Condominium Rider ? Growing Equity Rider ® Other [specify) ? Planned Unit Development Rider ? Graduated Payment Rider Rider to Paragraph LS Initials: 4M -4N(PA) 102071 Pepe 8 of 10 6qt 1842PG3009 BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: G?^r?- ^i y?• ??^? ,-. ,?./ (Seal) _Pca? av_ - Penny Hol.linge -Borrower (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower 4N(PA) 10207) Pape 9 or 10 OR 1842PG30 10 _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower Certificate of Residence I, , do hereby certify that the correct address of the within-named Mortgagee is P.O. Box 2026, Flint, MI 48501-2026. Witness my hand this 23rd day of October , 2003 Agent of Mortgagce COMMONWEALTH OF PENNSYLVANIA, On this, 23rd day of October personally appeared Penny L Hollinger Cumberland County ss: 2003 , before me, the undersigned officer, known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: 7 Tille of Officer NOTARIAL L ANN B. SENSENICH, NOTARY PUBLIC CUMBERLAND COUNTY CARLISLE BORO . MI RE Y I 2007 -4N(PA)j0?_(l7I Pape 10 of 10 rte, L, !? t ti J? tCrhi !1 1 ? ?; 4• g? { 842PG30 l 1 EXHIBIT "A" LEGAL DESCRIPTION 55 FICKES ROAD NEWVILLE, PA. 17241 TRACT NO. 1: ALL THAT CERTAIN lot or land situate in West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows; BEGINNING at a pin in the center of a certain public road leading from the Old Chambersburg Turnpike to the Newville-Centerville Road: thence in an easterly direction a distance of 250 feet, more or less, along lands now or formerly of Herman Fickes to an iron pin at corner of lands now or formerly of W. Floyd Rowe et ux: thence in a southerly direction a distance of 63 feet, more or less, along lands now or formerly of W. Floyd Rowe et ux. To an iron pin at corner of other lands now or formerly of W. Floyd Rowe; thence in a westerly direction at a distance of 267.6 feet, more or less, along other lands now or formerly of W. Floyd Rowe et ux. To a pin in the center of the aforesaid mentioned public road; thence along the middle of said public road northerly at a distance of 85.3 feet to the Place of BEGINNING. TRACT NO, 2: ALL THAT CERTAIN tract of land situatern West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with the Subdivision Plan for Herman Fickes, recorded in the hereinafter mentioned Recorder's Office in Plan Book 42, page 25, more particularly described as follows: BEGINNING at a point on the eastern dedicated right-of-way line of Township Road T-344, known as Fickes Road, which point is in line of Tract No. 1 above described; thence along the dedicated right-of-way line of Township Road T-344, known as Fickes Road, North 2 degrees 36 minutes 39 seconds East, a distance of 15 feet to an iron pin in line of land designated as Lot No. 2 on the above-referenced subdivision plan.; thence along said Lot No. 2, North 85 degrees 15 minutes East, a distance of 233.53 feet to an iron pin in line of land now or formerly of G.L. Jones; thence along land now or formerly of G.L. Jones, South 1 degree 00 minutes 20 seconds East, a distance 14.91 feet to a point in line of Tract No. I above described; thence along said Tract No. 1, South 85 degrees 15 minutes West, a distance of 234.48 feet to a point at the place of BEGINNING. BEING all of Lot No. 3 as shown on the above referenced Subdivision Plan. BEING the same two (2) tracts of land which Howard Edgar Barrick, II, also known as Howard E. Barrick and Beth Ann Barrick, his wife, by their Deed dated August 31, 2001 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 248 page 1115, granted and conveyed unto Thomas B. Winkleman, Jr. and Becky L. Winkleman, husband and wife. AND BEING the same premises which Thomas B. Winkleman, Jr. and Becky L. Winkleman, husband and wife, by deed dated and recorded even date herewith in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Penny Hollinger, Mortgagor herein. Btu I SLs2PG3012 Irl . . Wayp pint Rider to Paragraph 18 (Mortgage) I/We, the undersigned Rider to Paragraph 18 day of October, 2003 conditions there of Mortgage. Borrower(s), do hereby agree that the following of the Mortgage, executed by me/us this 23rd shall be effective in accord with the terms and and shall be deemed to be a condition of the The "reasonable attorney fees", as set forth in Paragraph 18 hereof, shall be deemed to mean four percent (0) of the principal due at the time of foreclosure or $300.00, whichever is greater. This provision shall be void in the event this Mortgage is transferred to the Federal Home Loan Mortgage Corporation ("Freddie Mac"), the Federal National Mortgage Association ("Fannie Mae"), or any other entity utilizing assignment or transfer. This provision shall also be voided if this Rider to Paragraph 18 is in violation of any provision of Freddie Vac or Fannie Mae. e ?J (SEAL) Penny L Ho linger (SEAL) 1 C'erti fy this to be recorded In Cumberland County PA e-l tZ? s order of Deeds BKI842PG3013 EXHIBIT "C" .7&Vat Prepared by: Grenen & Birsic, P.C. One Gateway Center, 91h Floor Pittsburgh, PA 15222 Return to: Grenen & Birsic, P.C. One Gateway Center, 9"' Floor Pittsburgh, PA 15222 ID #:46-09-0517-013 IIINIIIIINIMIIIRn ASSIGNMENT OF MORTGAGE From Penny L. Hollinger, Mortgagor To Mortgage Electronic Registration Systems, Inc., as Nominee for Waypoint Bank, Mortgagee Mortgage Dated 10123/03 Mortgage Recorded 10/28/03 MBV 1842, Page 3002 in the Recorder's Office of Bedford County, Pennsylvania Debt $97.132.00 For value received and intending to 10A day bound her by, Mortgage Electronic Registration Systems, Inc. ("Assignor") does hereby this rrrni_ day of 2009, grant, sell, assign, transfer, set over and deliver unto Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation ("Assignee"), its successors and assigns, all right, title and interest of Assignor in and to the above-referenced Mortgage together with all of Assignor's rights, remedies, incidents and appurtenances ag stated in the Mortgage and all of the right, title and interest of Assignor in the premises described in the Mortgage; and Assignor specifically assigns by this Assignment the debt instrument intended to be secured by the Mortgage. Assignor, its successors and assigns, is making this Assignment of Mortgage without any recourse, representations or warranties. In Witness Whereof, Assignor has caused this Assignment to be executed by its hand and seal, with authority therefore, the day and year first above written, WITNESS: A Q, Kristine M. Anthou Certifying Officer Property Address: 55 Fickes Road ' Nevvville, PA 17241 (West Pennsboro Township) ?y STATE OF PENNSYLVANIA ) ) ss: COUNTY OF ALLEGHENY ) On this, the _ day of M11 AAA 2009, before me, the undef signed officer, personally appeared Kristine M. Anthou, who acknowledged herself to be the Certifying Officer of Mortgage Electronic Registration Systems, Inc., and that she, being authorized to do so, executed the foregoing Assignment of Mortgage for the purposes therein contained by signing the name of the corpoO.ation by herself as Certifying Officer. It Witness Whereof, I hereunto set my hand and official seal. EALTN OF pENNSYLVANIA COMt,4oNW Notarlat Seat LI¢abeth M. Pala ra. ghenyNotary PubAc GIyOfPitts Atle?ty Notary Public MY won F-) Jan. 6, 2072 Momdnr, ?nnaylvanla Aaaoctetlon of Notaries ,f-, Certificate of Residence t, Elizabeth M. Paiano, do certify that the Assignee's precise address is 3415 Vision Drive, Columbus, Ohio 43219. TtwAAuLmt?, Commonwealth of Pennsylvania County of Cumberland ss: Recorded on this day of A.D. 2009, in the Recorder's Office of the said County, at Document Number Give under my hand and the seal of the said office the day and year aforesaid. (Recorder WITNESS: By: ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200907672 Recorded On 3/16/2009 At 2:10:29 PM * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 39254 User ID - MBL * Mortgagor - HOLLINGER, PENNY L * Mortgagee - CHASE HOME FINANCE LLC * Customer - GRENEN & BIRSIC * FEES STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES - RECORDER OF DEEDS PARCEL CERTIFICATION FEES COUNTY ARCHIVES FEE ROD ARCHIVES FEE TOTAL PAID $0.50 $10.00 $11.50 $10.00 $2.00 $3.00 $37.00 I Certify this to be recorded in Cumberland County PA * Total Pages - 3 Certification Page DO NOT DETACH This page is now part of this legal document. ?y og oU RECORDER O/D EDS y?ao * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. I11 r VERIFICATION Q, -Ck ? ? Il t c_. , hereby states that he/she is N1 CS- Q-Qf c ; -- of JPMorgan Chase Bank, National Association, s/b/m/t Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, 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 knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: Efma-T1 opic DATE: Title: Vee Pre*' File #: 075-10241 Name: Hollinger r.' rrt' FORM 1 ,1 -e JPMorgan Chase Bank, National Association, s/b/m/t Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Plaintiff(s) Corporation VS. Penny L. Hollinger Defendant(s) r IN THE COURT OF COMMON PLEAS OF -CT- CUMBERLAND COUNTY, PENNSYLVANIA c.' A - Off` -A, Civil /erm NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. ;r r.. if you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717)243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date Signature of Counsel for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name (s): Property Address: City: Is the property for sale? Realtor Name: Yes ? No 0 Listing date: Borrower Occupied: Yes ? No ? Mailing Address (if different) _ City: Phone Numbers: Home: Cell: State: Zip: _ Price: $ Realtor Phone: State: Zip: _ Office: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? ,-FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes and Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Home: $ Other Real Estate: $ _ Retirement Funds: $ Investments: $ Checking: $ _ Savings: $ Other: $ _ Automobile #1: Model: Amount owed: Automobile #2: Model: Amount owed: Other transportation (automobiles. boats. motorcvcles) Year: Amount owed: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. 2. Borrower Pay Days: Monthly Gross Monthly Gross Monthly Gross Monthly Amount: _ Monthly Amount: - Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paving) EXPENSE Mortgage 2" Mortgage Car Payment(s) AMOUNT EXPENSE Food Utilities Condo/Neigh. Fees AMOUNT ,I Auto Insurance Med. (not covered) Auto fuel/repairs Other Prop. Payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day/Child Care/Tuft. _ Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Email: Value: Value: Value: Model: Value: Year: Year: Monthly Net Monthly Net Monthly Net Fax: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: _ Phone: AUTHORIZATION I/We, _ authorize the above named _ to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/we understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Borrower Signature Date Please forward this document along with the following information to lender and lender counsel: V Proof on income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement (if property is currently on the market) V Copy of 2 years of federal income tax returns V Copy of deed FORM 3 JPMorgan Chase Bank, National IN THE COURT OF COMMON PLEAS OF Association, et al. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. Penny L. Hollinger Defendant(s) Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated . 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel/Appointed Legal Representative Signature of Defendant Signature of Defendant Date Date Date FORM 4 JPMorgan Chase Bank, National Association, s/b/m/t Chase Home Finance LLC, s/b/m/t IN THE COURT OF COMMON PLEAS OF Chase Manhattan Mortgage Corporation CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. Penny L. Hollinger Defendant(s) CASE MANAGEMENT ORDER Civil AND NOW, this day of 20 , the defendant/borrower in the above-captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on at . M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the Plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 with the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFICE OF 'HE $-ERIFF THE PROTHONOTAR ,, 21012 MAY 22 AM 9: 08 CU PtW SYLVA A jY JP Morgan Chase Bank, NA VS. Penny L. Hollinger Case Number 2012-2976 SHERIFF'S RETURN OF SERVICE 05/18/2012 Ronny R. Anderson, Sheriff, who being duly swom according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Penny L. Hollinger, but was unable to lode her in his bailiwick. He tfs returns the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program as not found as to the defendant Penny L. Hollinger. Request for service at 55 Fickes Road, Newviile, Pennsylvania 17241 has been vacant since 2010. SHERIFF COST: $45.00 May 18, 2012 SO ANSWERS, RON ` R ANDERSON, HERIFF (c) Camty&gte Sheriff, Teleosoft, Inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart SOtILlt01 `i 4-w -- ~-u, ~.t_U-.irrl' . ~i'~: ~'~~~~H~~07'. ~,'. ?(~~2 OCT 3 I PM 3~ 19 CtlM~3El,l.AF#[? t,ai1~ t ~' Q~~P~SY~.~f~'+~4/~h JP Morgan Chase Bank, NA Case Number vs. 2012-2976 Penny L. Hollinger SHERIFF'S RETURN OF SERVICE 10!18/2012 05:12 PM -Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on October 18, 2012 at 1712 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Penny L. Hollinger, pursuant to order of court by posting the premises located at 55 Fickes Road, Newville, Cumberland County, Pennsylvania 17241 with a true and correct copy according to !aw. h~ ~ r '/a i. c_w-.i : ~~ ._ fCt_,~ RONALD HOOVER. DEPUTY SHERIFF COST: $46.00 October 22. 2012 SO ANSWERS, ~C:~ .~"_ RON ~ R ANDERSON. SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK,National CIVIL DIVISION Association, s/b/m/t Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, NO.: 12-2976-Civil Plaintiff, MUD X" 7 M -0 Fn � VS. i-- > co PENNY L. HOLLINGER, ED- Defendant. PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) TO: Prothonotary SIR: Please issue a Writ of Execution, directed to the Sheriff of Cumberland County, against the Defendant, Penny L. Hollinger, as follows: Amount Due $130,526.24 Interest from 12/28/12 $ 6,665.03 TOTAL $137,191.27 5-0 pa ArH 45 -00 C8F 46- vo - GRENEN& BIRSIC, P.C. 103. ')5 11 11 , 15 i to. 5o "- c�s 16C) PI) A17 Y � Attorneys for Plaintiff '50 LL C-9 14 q 0(0,7 0618W301 P-E a)r-A1LWJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK,National CIVIL DIVISION Association, s/b/m/t Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, NO.: 12-2976-Civil Plaintiff, VS. a C� PENNY L. HOLLINGER, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) JPMorgan Chase Bank, National Association, s/b/m/t Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of Penny L. Hollinger located at 55 Fickes Road, Newville, Pennsylvania 17241 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF PENNY L. HOLLINGER OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF WEST PENNSBORO, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 55 FICKES ROAD,NEWVILLE, PENNSYLVANIA 17241. DEED BOOK VOLUME 260, PAGE 322, AND PARCEL NUMBER 46-09-0517-013. 1. The name and address of the owner or reputed owner: Penny L. Hollinger 55 Fickes Road Newville, Pennsylvania 17241 2. The name and address of the defendant in the judgment: Penny L. Hollinger 55 Fickes Road Newville, Pennsylvania 17241 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: JPMorgan Chase Bank,National PLAINTIFF Association, s/b/m/t Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation North Star Capital Acquisition LLC 520 Fellowship Road, C306 c/o Apothaker& Associates Mount Laurel,New Jersey 08054 Arrow Financial Services LLC 520 Fellowship Road, C306 c/o Apothaker& Associates Mount Laurel,New Jersey 08054 Asset Acceptance LLC 28405 Van Dyke Avenue Warren, Michigan 48093 Asset Acceptance LLC 1001 East Hector Street, Suite 220 c/o Gordon & Weinberg, PC Conshohocken, Pennsylvania 19428 LVNV Funding LLC 15 South Main Street, Suite 500 Greenville, South Carolina 29601 LVNV Funding LLC 520 Fellowship Road, C306 c/o Apothaker& Associates Mount Laurel,New Jersey 08054 4. The name and address of the last record holder of every mortgage of record: JPMorgan Chase Bank,National PLAINTIFF Association, s/b/m/t Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation Beneficial Consumer Discount Co. 419 Village Drive, Suite 2 d/b/a Beneficial Mortgage Co. of Pa. Carlisle, Pennsylvania 17013 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenants 55 Fickes Road Newville, Pennsylvania 17241 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, 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. Kristine M. Anthou, Esquire Attorney for Plaintiff SWORN to and subscribed before me this J day of , 2013. ACLCIAT 16AU Notary Public COMMONWEALTH OF PENNSYPAN11A =Ma�ryBeth l Seal _ ^ an,N o►ary AI{egr+4' iy res.Mar __. MEMBER,PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK,National CIVIL DIVISION Association, s/b/m/t Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, NO.: 12-2976-Civil ry C ) ^7 Crj Plaintiff, vs. PENNY L. HOLLINGER, -; r'-C-v Defendant. AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Anthou, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the owner of the property located at 55 Fickes Road, Newville, Pennsylvania 17241 is, Defendant, Penny L. Hollinger, who resides at 55 Fickes Road, Newville, Pennsylvania 17241, to the best of her information, knowledge and belief. SWORN TO AN SUBSCRIBED BFFORE ME THIS DAY OF A611 ' 2013. It �Public Notarial seal r MaryBieth Ackerman,Notar r cib;of Pittsburgh,Aileghtrq rw;k riry My Commission Expires r!nrc:h-1'3; MEMYR,PEdN'$YLVANIAA550CW-',-10W iii NOT,kil.t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK,National CIVIL DIVISION Association, s/b/m/t Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, NO.: 12-2976-Civil Plaintiff, =' XM vs. --or- , :UM -<> C! ZY PENNY L. HOLLINGER, X C" Defendant. AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA )SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Kristine M. Anthou, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants were not in the military service of the United States of America to the best of his knowledge, information and belief. Z. Sworn to and spbse 'bed before me this �Vday of 2013. ef Not?T lic COMM W, ALTM OF PENNSYLVANIA Notarial Seat maryBeth Ackerman,Nntary Public City of Pltmburgh,Alleghenq county My Commission Expires March 16,2015 MEMBER,PENNSYLVANIA ASSOCIATON OF NOTARIES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK,National CIVIL DIVISION Association, s/b/m/t Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, NO.: 12-2976-Civil j C= Plaintiff, VS. CIO c3° PENNY L. HOLLINGER, Defendant. AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974, 41 P.S.101, ET. SEQ. AND ACT 91 OF 1983 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Anthou, Esquire, attorney for the Plaintiff, who being duly sworn according to law deposes and says that on November 12, 2009, Defendant was mailed a Notice of Homeowner's Emergency Mortgage Assistance Act of 1983 by certified mail, return receipt requested, and first class U.S. Mail. Plaintiff was not required to send Defendant a separate Notice of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. §101, et seq., as a result of sending the Act 91 Notice. SWORN TO AND UBSCRIBED BEFORE ME THIS L DAY OF MuLf ' 2013. VU—AMA1 Not P blic COMMONWEALTH OF_PENNSYLVANIA_1 MaryBeth fte Nrtaty f•ubk City of y., t h�gh, yheny county My Comm (jn+",pup (larch 1b,2015 MEMBER,PENNSYLVANIA ASSUCIAITON OF NOTARIES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK,National CIVIL DIVISION Association, s/b/m/t Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, NO.: 12-2976-Civil C3 Plaintiff, 00 < vs. PENNY L. HOLLINGER, Defendant. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Penny L. Hollinger 55 Fickes Road Newville, Pennsylvania 17241 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse Commissioners Hearing Room,2nd Floor 1 Courthouse Square Carlisle,PA 17013 on September 4, 2013, at 10:00 A.M.,the following described real estate, of which Penny L. Hollinger is the owner or reputed owner: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF PENNY L. HOLLINGER OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF WEST PENNSBORO, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 55 FICKES ROAD,NEWVILLE, PENNSYLVANIA 17241. DEED BOOK VOLUME 260, PAGE 322, AND PARCEL NUMBER 46-09-0517-013. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of JPMorgan Chase Bank, National Association, s/b/m/t Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, Plaintiff, VS. Penny L. Hollinger, Defendant, at Execution Number 12-2976-Civil in the amount of$137,191.27. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN& BIRSIC, P.C. By: Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK,National CIVIL DIVISION Association, s/b/m/t Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, NO.: 12-2976-Civil Plaintiff, vs. PENNY L. HOLLINGER, Defendant. LONG FORM DESCRIPTION TRACT NO. 1: ALL THAT CERTAIN lot or land situate in West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a pin in the center of a certain public road leading from the Old Chambersburg Turnpike to the Newville-Centerville Road; thence in an easterly direction a distance of 250 feet,more or less, along lands now or formerly of Herman Fickes to an iron pin at comer of land snow or formerly of W. Floyd Rowe et ux; thence in a southerly direction a distance of 63 feet, more or less, along lands now or formerly of W. Floyd Rowe et ux. To an iron pin at comer of other lands now or formerly of W. Floyd Rowe; thence in a westerly direction at a distance of 267.6 feet,more or less, along other lands now or formerly of W. Floyd Rowe et ux. To a pin in the center of the aforesaid mentioned public road; thence along the middle of said public road northerly at a distance of 85.3 feet to the place of BEGINNING. TRACT NO. 2: ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with the Subdivision Plan for Herman Fickes, recorded in the hereinafter mentioned Recorder's Office in Plan Book 42, Page 25, more particularly described as follows: BEGINNING at a point on eastern dedicated right of way line of Township Road T-344, known as Fickes Road, which point is in line of Tract No. I above described; thence along the dedicated right of way line of Township Road T-344, known as Fickes Road,North 2 degrees 36 minutes 39 seconds East, a distance of 15 feet to an iron pin in line of land designated as Lot No. 2 on the above-referenced subdivision plan; thence along said Lot No. 2, North 85 degrees 15 minutes East, a distance of 233.53 feet to an iron pin in line of land now or formerly of G.L. Jones; thence along land now or formerly of G.L. Jones, South I degree 00 minutes 20 seconds East, a distance of 14.91 feet to a point in line of Tract No. I above described; thence along said Tract No. 1, South 85 degrees 15 minutes West, a distance of 234.48 feet to a point at the place of BEGINNING. BEING all of Lot No. 3 as shown on the above-referenced Subdivision Plan. BEING the same premises which Thomas B. Winkleman, Jr. and Becky L. Winkleman, husband and wife, by Deed dated October 21, 2003, which Deed is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 260, Page 322, granted and conveyed to Penny L. Hollinger. GRENEN& BIRSIC, P.C. By: 6 Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-2976 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/t Chase Home Finance LLC,s/b/m/t Chase Manhattan Mortgage Corporation, Plaintiff(s) From PENNY L.HOLLINGER (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: $130,526.24 L.L.: $.50 Interest from 12/28/12 -- $6,665.03 Atty's Comm: Due Prothy: $2.25 Atty Paid: $251.50 Other Costs: Plaintiff Paid: Date:4/8/13 David D.Buell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: KRISTINE M.ANTHOU,ESQUIRE Address: GRENEN&BIRSIC,P.C. ONE GATEWAY CENTER,NINTH FLR PITTSBURGH,PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. 15222 PHELAN HALLINAN, LLP 1-t( 1-'R O T H O NAti6tney for Plaintiff Meredith Wooters, Esq., Id. No.307207 a 1617 JFK Boulevard, Suite 1400 2013 1U` —7 2. One Penn Center Plaza � � � � COUNTY Philadelphia, PA 19103 � PdSYLVA'O 215-563-7000 JP MORGAN CHASE BANK,NATIONAL • ASSOCIATION SB/M CHASE HOME • FINANCE, LLC S/B/M TO CHASE • COURT OF COMMON PLEAS MANHATTAN MORTGAGE CORPORATION • CIVIL DIVISION Plaintiff • • CUMBERLAND COUNTY vs. No. 2012-02976 PENNY L. HOLLINGER Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance as counsel on behalf of the Plaintiff,JP MORGAN CHASE BANK, NATIONAL ASSOCIATION S/B/M CHASE HOME FINANCE, LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION in the above captioned matter. Phelan Hallinan,LLP Date: b/(0/1g By: ' / / krat(1 Meredith Wooters,Esq.,Id.No.307207 Attorney for Plaintiff Phelan Hallinan,LLP PHS#322961 { Lt -u PHELAN HALLINAN, LLP ." ` t,�- p Ctor`ney for plaintiff Meredith Wooters, Esq., Id. No.307207 2013 JUN -7 fill 10: 21 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza r.UMBEPLANO COUNT' Philadelphia, PA 19103 PENNSYLVANIA 215-563-7000 JP MORGAN CHASE BANK,NATIONAL • ASSOCIATION S/B/M CHASE HOME FINANCE, LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION • COURT OF COMMON PLEAS • Plaintiff : CIVIL DIVISION vs. • CUMBERLAND COUNTY PENNY L. HOLLINGER No. 2012-02976 Defendant CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Entry of Appearance was served by regular mail on Defendant(s)on the date listed below: PENNY L.HOLLINGER 55 FICKES ROAD NEWVILLE,PA 17241-9461 Phelan Hallinan, LLP Date: (i/0/13 By: I A 1 A .1 4 A. Ai AAil Meredith Wooters,Esq., Id.No.307207 Attorney for Plaintiff Phelan Hallinan,LLP PHS#322961 C: GRENEN&BIRSIC,P.C. Attorney for Plaintiff r, One Gateway Center,Ninth Floor ;:0 Pittsburgh,PA 15222 412-281-7650 JP MORGAN CHASE BANK,NATIONAL cr., ASSOCIATION S/B/M CHASE HOME FINANCE, LLC S/B/M TO CHASE MANHATTAN COURT OF COMMON PLEAS MORTGAGE CORPORATION Plaintiff CIVIL DIVISION CUMBERLAND COUNTY VS. No. 2012-02976 PENNY L. HOLLINGER Defendant WITHDRAWAL OF APPEARANCE To the Prothonotary: Kindly withdraw my appearance on behalf of Plaintiff,JP MORGAN CHASE BANK,NATIONAL ASSOCIATION S/B/M CHASE HOME FINANCE, LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION. GRENEN&BIRSIC,P.C. Date: , F L Ll Ld l' i t .1 HZ P fO Ti'HONO Ah . •PHELAN HALLINAN,LLP 2013 NOV 19 AMU : 2•SAttorney for Plaintiff Adam H.Davis,Esq.,Id:No.203034 1617 JFK Boulevard,Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza • PENNSYLVANIA Philadelphia,.PA 19103 . . • • • • Adam.Davis @PhelanHallinan.com • 215-563-7000 IN THE COURT OF COMMON PLEAS. • .• • OF CUMBERLAND COUNTY,PENNSYLVANIA • • • JPMORGAN CHASE BANK,NATIONAL CUMBERLAND COUNTY ASSOCIATION SB/M CHASE HOME FINANCE, . LLC S/B/M TO CHASE MANHATTAN COURT OF COMMON PLEAS MORTGAGE CORPORATION Plaintiff, CIVIL DIVISION • v. No.: 2012-02976 PENNY L.HOLLINGER 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". A am H.Davis,Esq.,Id,No.203034 Date: ii/a/0 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#816719 LVNV FUNDING,LLC. 15 SOUTH MAIN STREET SUITE 500 GREENVILLE,SC 29601 • • ' . 4. • Name and address of last recorded holder of every mortgage of record: • . Name Address(if address cannot be • • reasonably ascertained,please indicate) • • BENEFICIAL CONSUMER DISCOUNT 419 VILLAGE DRIVE,SUITE 2 COMPANY DBA BENEFICIAL MORTGAGE CARLISLE,PA 17013 • • • CO.OF PENNSYLVANIA • 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 55 FICKES ROAD NEWVILLE,PA 17241-9461 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa./C.S..A. § 4904 relating to unsworn falsification to authorities. Date: /Van/S/nJ By: � �✓ �" Phelan Hallinan,LLP ICm,M f(: .,d ZOJD.i Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH# 816719 Y • Name and Phelan Hallinan,LLP i " °,4.c Address 1617 JFK Boulevard,Suite 1400 LL7 tr Of Sender One Penn Center Plaza ,p..h Philadelhia,PA 19103 AZK/CQS-.12/04/2013 SALE G7 Line Article Number Name of Addressee,Street,and Post Office Address • Postage 1 0 1 ••••• TENANTIOCCUPAAT -4r, s 47,•. •• 55 FICHES ROAD ,' ' \1`}}} E.• NENMLLE PA 17241-9461 4 u m � 2 **.* ARROW FINANCIAL SERVICES,LLC SOAS ,ea e 5996 WEST TOUHYAVENUE.NILES,IL60.714 3 • **** ARROW FINANCIAL SERVICES,LLCC/O APOTHAKER& I 1ATES,P.C. 4 "4".1 fir+°a SS0:45. i,- , nraa 520 FELLOWSHIP RD.STE C306 • MOUNT LAUREL,NJ 05054.3410. • - s- t it,N 4 **** -1 ASSET ACCEPTANCE,LLC C/O FREDERIC IVAN WEINBERG,ESQUIRE S0.45 4r... ' ' 1001 EAST HECTOR STREET.SUITE 220.CONSHOHOCKEN,PA 19428 "' 14 "`a � *.** ASSET ACCEPTANCE»LLC. $0.45 5 '••�t , 2&405 VAN D1'KF,AVENIJF„„WARREN,MI 48093 6 44•4 BENEFICIAL CONSUMER DISCOUNT COMPANY DOA BENEFICIAL MORTGAGE CO.OF PENNSYLVANIA $0.45 • 419 VILLAGE DRIVE.SUITE 2 . • . CARLISLE,PA 17013 •o-< 3 y •*■** LVNV.FUNDING;LLC CO APOTHAKER&ASSOCIATES,P G , 4 -50,45' 520FEELOWSHIP RD STE C30C MOUNT LAUREL,NW 080543iI0 � �' 8 ^,_ :,r.***t..-, - LVNV FUNDING, LC ..'r, .<- ..� - t 3s;�, $0.45• 15 SOUTH MAIN STREET,SUITE 500 GREENVILLE,SC 29601 9 **** NORTH STAR CAPITAL ACQUISITION,LIG $0.45 220 JOHN GLENN DRIVE#100 AMHERST,NY 14228 10 **** NORTH STAR CAPITAI.ACQUISITION,LLC CIO APOTHAKER&ASSOCIATES,P.C. $0.45 520 FELLOWSHIP RD,STE 0306 MOUNT LAUREL,NJ 08054-3410 11 ' .4 4* DOMESTIC RELATIONS OF $0.45 CUMBERLAND COUNTY 13 NORTH HANOVER STREET CARLISLE,PA 17013 12 +*** COMMONWEALTH OF PENNSYLVANIA $0.45 DEPARTMENT OF WELFARE P.O.BOX 2675 HARRISBURG,PA 17105 .*** INTERNAL REVENUE SERVICE ADVISORY S0.45 13 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 14 **** U.S.DEPARTMENT OF JUSTICE $0.45 US.ATTORNEY FOR 174E MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET.SUITE 220 PO BOX 11754 HARRISBURG PA 17108-1754 _ L.. r.i.;. ,�1;;,,i',....1�-41eiir-_'tai 1�•k-+!:. r.t 62_. _. j,v' t1 ''w+.it:'"__In, ; :, 1. T-._.__ ft Tool ltanber of Total Nanber of Pieces Postmaster.Per(Name of The full dalanron of value is required co an domestic and imanaaanl registard nod.The nu,rmum indemnity pa)stile Noses listed by Sender Reuised a Post(tf,ce Rttei nng Employee) no the recoostmeion of noonesoriabk documents under Express Marl document recworret'on w erne is 450.000 per pica subject to a limit of SS00,000 peroccurrence.The mssimam fademnm poyabk on Express Marl merchandise is 5500. Them xinanu indemnity p*yabie is 125.000 fa registered mad.sent i,h osaional insmaace.See OomnAic Mad Manual R900 5913 and S92t for limitations of coverage. .. - Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@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 Cou ca � v. • No.: 2012-02976 �r '.� p • PENNY L. HOLLINGER r p " CI rr Defendant 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 May 14, 2012. 2. Judgment was entered on January 14, 2013 in the amount of$130,526.24. 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 4, 2013. 816719 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 $90,306.12 Interest Through December 4, 2013 $27,470.52 Legal fees $2,075.00 Cost of Suit and Title $334.30 Late Charges $567.74 Property Inspections $378.00 Property Preservation $6,647.00 Appraisal/Brokers Price Opinion $325.00 Mortgage Insurance Premium/Private Mortgage Insurance $836.22 Escrow to be paid $896.00 Escrow Deficit $12,560.56 TOTAL $142,396.46 6. Plaintiff paid the following in property preservation during the time the loan was in default: 8/11/2010 RELOCK& REKEY $40.00 8/11/2010 PHOTOS $30.00 10/13/2010 ROOF REPAIR $600.00 10/27/2010 DRY HEAT $100.00 10/27/2010 YARD MAINTENANCE $110.00 10/28/2010 YARD MAINTENANCE $330.00 4/8/2011 SECURING $600.00 6/1/2011 YARD MAINTENANCE $125.00 6/10/2011 YARD MAINTENANCE $110.00 6/17/2011 YARD MAINTENANCE $110.00 7/12/2011 YARD MAINTENANCE $110.00 7/23/2011 YARD MAINTENANCE $110.00 8/2/2011 YARD MAINTENANCE $110.00 8/25/2011 YARD MAINTENANCE $110.00 9/10/2011 YARD MAINTENANCE $110.00 9/29/2011 YARD MAINTENANCE $110.00 10/18/2011 YARD MAINTENANCE $110.00 10/18/2011 YARD MAINTENANCE $110.00 11/10/2011 DRY HEAT $100.00 5/10/2012 YARD MAINTENANCE $127.00 816719 7/14/2012 YARD MAINTENANCE $122.00 8/10/2012 YARD MAINTENANCE $122.00 8/16/2012 YARD MAINTENANCE $122.00 8/23/2012 YARD MAINTENANCE $122.00 9/5/2012 YARD MAINTENANCE $122.00 9/7/2012 ROOF REPAIR $500.00 10/11/2012 YARD MAINTENANCE $122.00 10/26/2012 YARD MAINTENANCE $122.00 11/6/2012 YARD MAINTENANCE $122.00 11/24/2012 YARD MAINTENANCE $122.00 11/30/2012 DRY HEAT $100.00 11/30/2012 SECURING $300.00 5/1/2013 YARD MAINTENANCE $127.00 5/21/2013 YARD MAINTENANCE $122.00 6/1/2013 YARD MAINTENANCE $122.00 6/18/2013 YARD MAINTENANCE $122.00 7/6/2013 YARD MAINTENANCE $122.00 7/18/2013 YARD MAINTENANCE $122.00 7/18/2013 YARD MAINTENANCE $122.00 7/30/2013 YARD MAINTENANCE $122.00 8/15/2013 YARD MAINTENANCE $122.00 9/5/2013 YARD MAINTENANCE $122.00 9/14/2013 PRESERVATION $40.00 9/14/2013 YARD MAINTENANCE $122.00 TOTAL $6,647.00 7. Plaintiff paid the following in taxes and insurance during the time the loan was in default: 1/17/2012 ESCROW BALANCE $6,062.80 1/17/2012 HAZARD INSURANCE $606.68 4/6/2012 COUNTY TAXES $54.28 4/6/2012 COUNTY TAXES $365.98 8/16/2012 COUNTY TAXES $262.93 8/16/2012 COUNTY TAXES $1,772.67 3/26/2013 COUNTY TAXES $59.27 3/26/2013 COUNTY TAXES $399.55 5/7/2013 HAZARD INSURANCE $896.00 816719 8/7/2013 COUNTY $268.72 8/7/2013 COUNTY $1,811.68 TOTAL $12,560.56 8. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 9. 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. 10. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief 11. 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 December 5, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit `B". 12. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order for Service Pursuant to Special Order of Court dated September 20, 2012 . WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: I / 3 By: onathan . 'tkowicz, Esquire '1 EY FOR PLAINTIFF 816719 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@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 v. • No.: 2012-02976 PENNY L. HOLLINGER Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE PENNY L. HOLLINGER 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 55 FICKES ROAD,NEWVILLE, PA 17241-9461. 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. 816719 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 816719 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 816719 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs 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. 816719 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton 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. 816719 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 Sheriffs 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. 816719 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. 816719 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. Phe . .all , an, LLP DATE: ` l0 13 By: II Jo ' M. Etkowicz,Esquire Atto ey for Plaintiff 816719 • • Exhibit "A" 816719 • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK,National CIVIL DIVISION Association, s/b/m/t Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, NO.: 12-2976-Civil Plaintiff, vs. PENNY L. HOLLINGER, Defendant. PRAECIPE FOR DEFAULT JUDGMENT TO:PROTHONOTARY SIR: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendant,Penny L. Hollinger,in the amount of$130,526.24, which is itemized as follows: Principal $ 90,306.12 Interest to 12/27/12 $ 21,937.08 Late Charges to 12/27/12 $ 567.74 Escrow Deficiency to 12/27/12 $ 9,961.50 Corporate Advances $ 5,837.00 Attorneys' Fees $ 1,170.00 Foreclosure Costs $ 746.80 TOTAL $130,526.24 together with interest, costs,fees,and charges collectible under the note and mortgage including but not limited to attorneys fees and costs,and for the foreclosure and sale of the mortgaged property. GRENEN&BIRSIC,, P.C. BY: Kristine M. Anthou, Esquire Attorney for Plaintiff Exhibit "B" 816719 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania November 22,2013 PENNY L.HOLLINGER 55 FICKES ROAD NEWVILLE,PA 17241-9461 RE: JPMORGAN CHASE BANK,NATIONAL ASSOCIATION SB/M CHASE HOME FINANCE,LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION v. PENNY L. HOLLINGER Premises Address: 55 FICKES ROAD NEWVILLE,PA 17241 CUMBERLAND County CCP,No. 2012-02976 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days,by 11/29/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. iw yo' W . e i . Etkowicz,Esq.,Id.No.208786 }tto r ey or Plaintiff Enclosure 816719 I,oz ZZ AOi t6b 1,3 E.l 0 0 C • . . C•. £G46l dlZ a pop 'Al1110111111111111,11111/1111111/0110* .4'141:':1. 111•01111111111111, ' t • tis. • . ' St$A3h d(< V SOdS( %-. , ..- .510 I i 8 4 Nti N0 a°. B°5 g. 1111 . 4.1 lillf ii-..,i 11,4.. .0 I" §i It'll 1 4 i, - . l ;� L $$ E G i w aI b to A eo - A. a 0 _...., ,,,,„„v) g2. . N Li - m m ' `z » d O. z I. max . 5 WW i Q �y 11 e I ,CIS 10 :� �, E et z <0 11 w tea..:>.:# s .m4. rM? s.:.s.. 4 wy x s r.k.. 41k £ x n 'r.s:.:..;' rr },.g.'1".;. :>i'r: .i�H xn+ „.c�s}�,'- r2w+�!, �{..,. +:� yi.� .i�s"�3:.�i7ft"3 "1» •� ••F r i,pi's v 1'1C,Yb n�' ��',snv'X,4'2,i''''i +t 'tia i .A4 y. w x• _ .. ."7.115. .S1-...,. .»». _. r .. _sit.,_7."S6 'i'� Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@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 • • v. • No.: 2012-02976 • PENNY L. HOLLINGER Defendant 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. PENNY L. HOLLINGER 55 FICKES ROAD NEWVILLE, PA 17241-9461 Phelan Hallinan,LLP DATE: ?/ By: Atm Jo . . r tkowicz,Esquire A I O RNEY FOR PLAINTIFF 816719 {31 iris till°THON°TAR` PHELAN HALLINAN, LLP 2013 DEC —9 AHD G6 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 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. 2012-02976 vs. PENNY L. HOLLINGER Defendant AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail,return receipt requested,to PENNY L. HOLLINGER on OCTOBER 1, 2013 in accordance with the Order of Court dated SEPTEMBER 20, 2012. The property was posted on JUNE 27, 2013. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. Phelan Hallinan, LLP DATE: ' d/S/J 3 By: 1' ! /II �, A Meredith ooters, Esq., Id. No.307207 Attorney for Plaintiff l t . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK,National CIVIL DIVISION Association,s/b/m/t Chase Home Finance LLC,s/b/m/t Chase Manhattan Mortgage Corporation, NO.: 12-2976 Plaintiff, _03 N vs. el cn rrl N a PENNY L. HOLLINGER, Lx, Defendant. °c fv -, r ORDER OF COURT ,� AND NOW, to wit, this d0 o�t day ofi8, , 2012, upon 7 consideration of the within Motion for Service of the Complaint in Mortgage Foreclosure Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED and DECREED that the Sheriff of Cumberland County is hereby directed to serve Defendant, Penny L. Hollinger, with a true and correct copy of Plaintiffs Complaint in Mortgage Foreclosure by posting the property at 55 Fickes Road,Newville,PA 17241 and Plaintiff is permitted to serve Defendant by certified mail, return receipt requested and by First Class U.S. Mail, postage pre-paid at 55 Fickes Road, Newville, PA 17241. Service on the Defendant shall be deemed complete and valid upon posting by the Sheriff and mailing by the Plaintiff. BY THE COURT: cJi , a ° • � O � r ,r a a r 0 `0:. 0 1Z. *,,t t:0 1 VicA C1 �,ora u)°o v)� o � r a o ry,, 0 0 o Vo 7g G OQ 0 ',',jam (#44,„-;_:„.' .,.,-.4- . . p2 p1� 00A 660 01 2013 �Y. ti ��p138 11 ill 11 11 III 7178 2417 6099 0146 5803 LXH/ 816719 RESTRICTED DELIVERY PENNY L. HOLLINGER 55 FICKES ROAD N EWVI LLE, PA 17241-9461 --fold here(regular) --fold here(6x9) --fold here(regular) USPS.com®- USPS TrackingTM Page 1 of 2 English Customer Service USPS Mobile Register I Sign In usp , Search USPS.com or Track Packages Quick Tools Ship a Package Send Mail Manage Your Mail Shop Business Solutions T TM Customer Service> USPS1 racking Have questions?Were here to help. Tracking Number:71782417609901465803 Scheduled Delivery Day:October 3,2013 Product & Tracking Information Available Options Postal Product: Features: Return Receipt Electronic First-Class Mail® Certified Mail October 11,2013,11:00 Delivered PHILADELPHIA,PA 19103 am October 10,2013,11:42 Available for Pickup PHILADELPHIA,PA 19103 am October 10,2013,1:07 Processed through PHILADELPHIA,PA 19176 am USPS Sort Facility October 9,2013 1:50 pm Processed through PHILADELPHIA,PA 19176 USPS Sort Facility October 7,2013,6:58 pm Processed through LANCASTER,PA 17604 USPS Sort Facility October 6,2013 Depart USPS Sort LANCASTER,PA 17604 Facility October 6,2013,2:25 am Processed through LANCASTER,PA 17604 USPS Sort Facility October 3,2013,9:34 am Addres Moved,s Left W no NEVILLE,PA 17241 October 3,2013,9:13 am Undeliverable as NEWVILLE,PA 17241 Add October 3,2013,8:53 am Out for Delivery NEWVILLE,PA 17241 October 3,2013,8:43 am Sorting Complete NEWVILLE,PA 17241 October 3,2013,8:36 am Arrival at Unit NEWVILLE,PA 17241 October 3,2013 Depart USPS Sort HARRISBURG,PA 17107 Facility October 2,2013,10:30 Processed through HARRISBURG,PA 17107 pm USPS Sort Facility October 1,2013 Depart USPS Sort PHILADELPHIA,PA 19176 Facility October 1,2013,9:14 pm Processed at USPS PHILADELPHIA,PA 19176 Origin Sort Facility October 1,2013,7:59 pm Accepted at USPS PHILADELPHIA,PA 19103 Origin Sort Facility September 30,2013 Electronic Shipping Info Received https://tools.usps.com/go/TrackConfirmAction.action?tLabels=71782417609901465 803 11/27/2013 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R;" :Iderson Sheriff for°xtx otCttanhrr}4jt0 Jody S S Chief DeN:. y Richard Vy' Stewart Solicitor JP Mori .n Chase Bank, NA Case Number vs Penny L Hollinger 2012-2976 SHERIFF'S RETURN OF SERVICE 06/27/21 04:57 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 aLc ye titled action, upon the property located at 55 Fickes Road,West Pennsboro Township, Newville, PA 17241, Cumberland County. 06/27/2013 04:57 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant,to wit: Penny L. Hol:injcr, pursuant to Order of Court by"Posting"the premises located at 55 Fickes Road,West Pennsboro Township, Newville, PA 17241, Cumberland County with a true and correct copy according to law. 07/26/20 As ul acted by Kristine M Anthou,Attorney for the Plaintiff, Sheriffs Sale Continued to 12/4/2013 SHERIFF 2OST: $2,020.03 SO ANSWERS, October 2', 20'3 RONNY R ANDERSON, SHERIFF (c) Sheriff,Tel f.SO`t.is:c. IN THE COURT OF COMMON PLEAS OF 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 • v. • No.: 2012-02976 • PENNY L. HOLLINGER Defendant RULE AND NOW, this /6' day of Pt 2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BYT ECOURT A /7r/ J. rn GJ -'.fn I (7,tir.. J 816719 Jonathan M.Etkowicz,Esq., Id.No.208786 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 .../1-3-ENNY L. HOLLINGER 55 FICKES ROAD NEWVILLE, PA 17241-9461 CT 1'ES P2a i Lc-4.d 816719 /U1/lei/3 ---Erl 816719 1013 OEC All 9. 56 PO NSyL WA COUNTY Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@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.: 2012-02976 PENNY L. HOLLINGER Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's December 16, 2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. PENNY L. HOLLINGER 55 FICKES ROAD NEWVILLE, PA 17241-9461 Phelan Hall i n, LLP DATE: 12./U/13 By: �.-- John D. KrdFm, Esq., Id. No.312244 Attorney for Plaintiff 816719 s- 111E FICL 1814JAN - 8 PM 1: n9 U PENNS YLVOUNT Y Phelan Hallinan,LLP Attorney For Plaintiff �" +�' 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 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 CUMBERLAND County Plaintiff No.2012-02976 v. PENNY L.HOLLINGER Defendant(s) PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P.,2352 TO THE PROTHONOTARY: Kindly substitute SRMOF II 2012-1 TRUST, U.S. BANK TRUST NATIONAL ASSOCIATION,NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: SRMOF II 2012-1 TRUST, U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE is the current holder of the mortgage by virtue of that certain Assignment of Mortgage, which Assignment was recorded on 12/13/2013 in Instrument No. 201339316 of the Recorder of Deeds Office in and for CUMBERLAND County. Kindly amend the information on the docket accordingly. Date: 1 / 711 q By: /v Jon.,/!n Lobb, Esq., Id. No.312174 Attorney for Plaintiff PH# 816719 IInn tt 4" V or CL# 137 s p _4.zooD51 Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 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 CUMBERLAND County Plaintiff . . No.2012-02976 v. . PENNY L.HOLLINGER Defendant(s) PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF TO THE PROTHONOTARY: Please mark the judgment in the above-captioned matter to the use of SRMOF II 2012-1 TRUST, U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE, located 9990 RICHMOND AVENUE SUITE 400S HOUSTON,TX 77042 Date: /17/11 PHELAN HALLINAN, LLP By: Jonat an Lobb, Esq., Id. No.312174 Attorney for Plaintiff PH# 816719 Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 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 CUMBERLAND County Plaintiff No.2012-02976 v. PENNY L.HOLLINGER Defendant(s) ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of SRMOF II 2012-1 TRUST, U.S. BANK TRUST NATIONAL ASSOCIATION,NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE. Date: 1/7 /i y PHELAN HALLINAN LP /VI PHELAN By: Jonat Lobb, Esq., Id. No.312174 Attorney for Plaintiff PH# 816719 Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 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 CUMBERLAND County Plaintiff No.2012-02976 v. PENNY L.HOLLINGER Defendant(s) CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Plaintiffs Praecipe to Mark Judgment to SRMOF II 2012-1 TRUST, U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE, Substitution of Party Plaintiff and Entry of Appearance were served by regular mail on the person(s) on the date listed below: PENNY L. HOLLINGER 55 FICKES ROAD NEWVILLE, PA 17241-9461 Date: /17/1 4f PHELAN HALLINAN, LLP J By: Jonat./ Lobb, Esq., Id. No.312174 Attorney for Plaintiff d 4Jc, J1 10 IIt!1: 07 �(tP BEr L,A D CCf1NT't' PENIS YLVANIA Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@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.: 2012-02976 PENNY L. HOLLINGER Defendant 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 December 9, 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 Defendant on November 22, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the 816719 Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued on or about December 16, 2013 directing the Defendant to show cause by January 6, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on December 26, 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. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 6, 2014. 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: //9/,q By: John D. Kr , Esq., Id.No.312244 Attorney for Plaintiff 816719 Exhibit "A" 816719 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 November 22,2013 PENNY L.HOLLINGER 55 FICKES ROAD NEWVILLE,PA 17241-9461 RE: JPMORGAN CHASE BANK,NATIONAL ASSOCIATION SB/M CHASE HOME FINANCE,LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION v. PENNY L. HOLLINGER Premises Address: 55 FICKES ROAD NEWVILLE,PA 17241 CUMBERLAND County CCP,No. 2012-02976 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 11/29/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly.i r Yo � ,. Etkowicz,Esq.,Id.No.208786 tto r ey or Plaintiff Enclosure 816719 £t OZ zZ Aord1.66t8£i000 ' P- 099300• k41 1 h. ct'f £0L�ib dt �i�E o0 �,�� .' is '.I. r �ll �tia .; 1" r n,J otemettemot S3M�00AVilki ..SOd 8v of:: 4,, ' u 1 1111 i 4: 1 l sjik a g�1 • :: 00 's g tzilva. e 4 III.41 4 x o oAto 4, a ii ii! M c, s e) g .i.1 'M ''' ral i 4 5 . — COL)144 .4114 t2 0 * 5,v‘g . i. c ., ..... ....›.. A, r~ It A i . at an u orat O., a 'lf i.. M i z E � :<Q iii W • Exhibit "B" 816719 IN THE COURT OF COMMON PLEAS OF 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 v. • No.: 2012-02976 PENNY L. HOLLINGER Defendant RULE AND NOW,this /('' day of 2ct. 2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BYT ECOURT / / A J. f l fT1 C) ):- c- 816719 • Jonathan M.Etkowicz,Esq.,Id.No.208786 Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 ...„./<:ENNY L. HOLLINGER 55 FICKES ROAD NEWVILLE,PA 17241-9461 CCID l£S /12,:/.i t 5-c Cd 816719 /;JI /i 3 --r—il 816719 • • Exhibit "C" 816719 pRoiti Q�dfl 20130EC 27 Qty g; 56 Cu ,BERt �aND RENHSyLVgk(IINTY Phelan Hallinan. LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@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.: 2012-02976 PENNY L. HOLLINGER Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's December 16,2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. PENNY L. HOLLINGER 55 FICKES ROAD NEWVILLE,PA 17241-9461 Phelan Ha11i n, LLP DATE: 12/2C/13 By: �---- John D. Kr ,Esq.,Id. No.312244 Attorney for Plaintiff 816719 Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@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.: 2012-02976 • PENNY L. HOLLINGER Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. PENNY L. HOLLINGER 55 FICKES ROAD NEWVILLE, PA 17241-9461 Phelan Hallin4 LL' DATE: /,4 h By: John D. Krohn sq., Id. No.312244 Attorney for Plaintiff 816719 C C� i hCr O'''F . 2014 JAS 15 Ate ID= JQ CUMBERLAND CptlsTa, PENNSYLVANIA Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@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.: 2012-02976 • PENNY L. HOLLINGER Defendant PRAECIPE TO WITHDRAW MOTION TO REASSESS DAMAGES TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion to Reassess Damages, filed on December 9, 2013 in the above referenced action. P • an a4 .n, . L', DATE: vit‘i By: ...■011 Jcnatha ' tkowicz, Esq.,Id.No.208786 A. orn-, for Plaintiff 816719 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id.No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION S1B/M CHASE HOME FINANCE, LLC SIB/M TO CHASE : Civil Division MANHATTAN MORTGAGE CORPORATION • Plaintiff • CUMBERLAND County • vs. • No.: 2012-02976 • PENNY L. HOLLINGER Defendant 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. PENNY L. HOLLINGER 55 FICKES ROAD NEWVILLE, PA 17241-9461 Phel.n Ha in�l DATE: l By: Jona an I E owicz, Esq., Id.No.208786 Atto -y f. Plaintiff 816719 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY } �i{' FILED-OFFICE ,%1, [l� `i4,44 y.,. 1+F THE PRO1 IlONV TAR � inti f,7... OFF -1U OTKE$1 ER#P 2011.1MAY -I All 1O:52 CUMBERLAND COUNTY PENNSYLVANIA JP Morgan Chase Bank, NA vs. Penny L. Hollinger Case Number 2012-2976 SHERIFF'S RETURN OF SERVICE 06/06/2013 Entry of Appearance by Phelan Hallinan, LLP 06/27/2013 04:57 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 55 Fickes Road, West Pennsboro Township, Newville, PA 17241, Cumberland County. 06/27/2013 04:57 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: Penny L. Hollinger, pursuant to Order of Court by "Posting" the premises located at 55 Fickes Road, West Pennsboro Township, Newville, PA 17241, Cumberland County with a true and correct copy according to law. 07/26/2013 As directed by Kristine M Anthou, Attorney for the Plaintiff, Sheriffs Sale Continued to 12/4/2013 12/04/2013 As directed by Kristine M Anthou, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/8/2014 01/08/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA on January 08, 2014 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Joseph Schalk, on behalf of SRMOF II 2012-1 Trust, U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely as Trustee, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $1,361.77 SO ANSWERS, March 24, 2014 RON R ANDERSON, SHERIFF c) ountySi e S:' erift, Teleosoft. o0`0r•C G2 c x2,4 )1 3 o 43 On April 24, 2013 the Sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA, Known and numbered as, 55 Fickes Road, Newville, Exhibit "A" filed with this writ and by this reference incorporated herein. Date: April 24, 2013 By: Ci0-LV r,—) din.. `. Ira.{ Real Estate Coordinator Ott :Z d b- 3d'd EIOZ VdEI\\ I1 H` ^ ~{ 7 LXII 30 CUMBERLAND LAW JOURNAL 07/26/13 2012-2976 Civil Term JP MORGAN CHASE BANK, NA vs. PENNY L. HOLLINGER Atty.: Kristine M. Anthou TRACT NO.1: ALL THAT CERTAIN lot or land situate in West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINN.ING at a pin in the center of a certain public road leading from the Old Chambersburg Turnpike to the Newville-Centerville Road; thence in an easterly direction a distance of 250 feet, more or less, along lands now or formerly of Herman Fickes to an iron pin at comer of land snow or formerly of W. Floyd Rowe et ux; thence in a southerly direction a dis- tance of63 feet, more or less, along lands now or formerly of W. Floyd Rowe et ux. To an iron pin at comer of other lands now or formerly of W. Floyd Rowe; thence in a westerly direction at a distance of267.6 feet, more or less, along other lands now or formerly of W. Floyd Rowe et UX. To a pin in the center of the aforesaid mentioned public road; thence along the middle of said public road north- erly at a distance of 85.3 feet to the place of BEGINNING. TRACT NO.2: ALL THAT CER- TAIN tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with the Subdivision Plan for Herman Fickes, recorded in the hereinafter mentioned Recorder's Office in Plan Book 42, Page 25, more particularly described as follows: BEGINNING at a point on eastern dedicated right of way line of Town- ship Road T-344, known as Fickes Road, which point is in line of Tract NO.1 above described; thence along the dedicated right of way line of Township Road T-344, known as 62 Fickes Road, North 2 degrees 36 minutes 39 seconds East, a distance of IS feet to an iron pin in line of land designated as Lot No. 2 on the above - referenced subdivision plan; thence along said Lot NO.2, North 85 degrees IS minutes East, a distance of 233.53 feet to an iron pin in line ofland now or formerly of G.L. Jones; thence along land now or formerly of G.L. Jones, South 1 degree 00 minutes 20 seconds East, a distance of 14.91 feet to a point in line of Tract No. I above described; thence along said Tract NO.1, South 85 degrees 15 minutes West, a distance of 234.48 feet to a point at the place of BEGINNING. BEING all of Lot NO.3 as shown on the above -referenced Subdivision Plan. BEING the same premises which Thomas B. Winkleman, Jr. and Becky L. Winkleman, husband and wife, by Deed dated October 21, 2003, which Deed is recorded in the Office of the Recorder of Deeds in and for Cum- berland County in Deed Book 260, Page 322, granted and conveyed to Penny L. Hollinger. BEING all of Lot N0.3 as shown on the above -referenced Subdivision Plan. The Co. Patriot -News 1900 Patriot Drive Mechanicsburg; PA 17050 InqujrieS 717-255:8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 atriotXews '� 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 Michael J. Monow, being duly sworn according to Iaw, 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 ohnnasaid;thatThePatriot'NavvsandTheSundayPmtrint-Navvsvvereestab|ishedKAarch4th.1854.andSaptennbar18th.1849. respectively, and afl 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 behaf of The Patriot -News Go. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 2012-2976 Civil Term P ORGAN CHASE BANK, , PENNY L. HOLUNGER TRACF NO,1: ALL THAT CERTAIN lot mland situate mWest mumwm Cumberland County, Pennsylvania, more particulariy bounded and described as follows: BEGINNING at a pin in the center of certain public road leading from the Old Centerville Road; thence in an easterly direction a distance of 250 feet, more or less, along lands now or formerly of Herman Fickes to an iron pin at comer of land snow or formerly of W. Floyd Rowc ct ux; thence in a southerly direction a distance of 63 feet, more or less, along lands now or formerly of W. Floyd Rowe et tut. lb an iron pin at comer of other lands now or formerly of W Floyd Rowe; thence in a westerly direction at , distance vrxm.6feet, more mless, along other lands now or formerly of Ny. Floyd Rowe UX. Toa in�,m61:B11e,o/the aforesaid mentioned public road; thencealong the middle of said public road northerlyat a distance of 853 feet to the place ofTRACT NO.2: ALL THAT CERTAIN tradof land situate in West Pennsboro lbwnship,Cumberland County, Pennsylvania,bounded and described in accordance withAC. Sulldivision Plan for Herman Fickes. � This ad ran on the date(s) shown below: 07/28/13 08/04/13 08/11/13 Sworn to and subscribed be of August, 2013 A.D. COMMONWEALTH OFPENNSYUVANA Notarial Sea Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission Expires Dec. 12, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES 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. isa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 9 da of Au ' ust 2013 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which SRMOF II 2012-1 Tr, U S Bank Tr Natl Assoc Tr is the grantee the same having been sold to said grantee on the 8th day of January A.D., 2014, under and by virtue of a writ Execution issued on the 8th day of April, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Tenn, 2012 Number 2976, at the suit of JPMorgan Chase Bank N A sbmt Chase Home Fin LLC sbmt Chase Man Mtg Corp against Penny L Hollinger is duly recorded as Instrument Number 201408812. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 1 s+ %icy , A.D. 0,0(C( day of l O . Dcpuly Recorder of Deeds loonier of Deeds, Cumberland County, Cad*, PA Mly Conn ion Expiies the First Monday of Jan. 2018