The URL can be used to link to this page

Home My WebLink About12-3474 c;:. Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR P LAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 256845 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff V. DONALD A. WHEATLEY KATHY A. WHEATLEY 127 BARRY COURT DAVENPORT, FL 33837-9377 COURT OF COMMON PLEAS CIVIL DIVISION TERM Of NO. .3Y74J Vi ! lent, CUMBERLAND COUNTY Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 103.15 PD per`/ 0)19483(0 p# o ?7&067/ File #: 256845 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File 4 256845 1. Plaintiff is JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: DONALD A. WHEATLEY KATHY A. WHEATLEY 127 BARRY COURT DAVENPORT, FL 33837-9377 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/29/2008 DONALD A. WHEATLEY and KATHY A. WHEATLEY made, executed and delivered a mortgage upon the premises hereinafter described to JPMORGAN CHASE BANK, N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200818238. By Assignment of Mortgage Recorded 12/20/2010 the mortgage was Assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage in Instrument No 201037645. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2010 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 256845 6 The following amounts are due on the mortgage as of 11/30/2011: Principal Balance $88,951.26 Interest $8,663.54 07/01/2010 through 11/30/2011 Late Charges $89.67 Property Inspections $56.00 Property Preservations $1,856.00 Escrow Deficit $3,547.99 TOTAL $103,164.46 7 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon. File 4 : 256845 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $103,164.46 together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorneys fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMI ;-EEP- By: ?-? Allison F. VhMs, Esq., Id. No. 309519 Attorney for Plaintiff File #: 256845 • LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING in the Southerly line of Dauphin Street at the distance of two hundred and eight feejt and one hundred and sixty thousandths of a foot measured Westwardly along said line of Street, from the Northwesterly extremity of the are or curve having a radius of ten feet connecting the said line of Dauphin Street with the Northwesterly line of Summit (Road; thence by lands of W.L. Troup and passing through the middle of the party wall between the dwelling house on this lot and the dwelling house on the lot adjoining to the East, South ten (10) degrees twenty (20) minutes East one hundred and five (1051) feet and there hundred and eighty-seven thousandths of a foot to a point at land formerly' of B_J. Passmore; thence South fifty (50) degrees eighteen (18) minutes two (2) seconds and seventy-two hundredths of a second West twenty-two (22) feet mine hundred and forty-eight thousandths of a foot to a point a land of H.C. Rogers; thence North ten (10) degrees twenty (20) minutes West one hundred and sixteen (115) feet and six hundred '',aind forty-two thousandths of a foot to Dauphin Street; thence by said Street North seventy-nine (79) degrees forty (40) minutes East twenty (20) feet to the place of BEGINNING. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions, and rights-of-way of record. PROPERTY ADDRESS: 218 WEST DAUPHIN STREET, ENOLA, PA 17025-2209 PARCEL # 09-14-0832-198 File #: 256845 s VERIFICATION hereby states that he/she is 4Q5c P-s of, JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, servicing agent for Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her 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. c Name: DATE: O!;?, -M _-c'?D File #: 256845 Title: Elma Hopic Vice President Name: WHEATLEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSTLVANIA JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC vs. WHEATLEY, DONALD A. WHEATLEY, KATHY A. /a--3y7 civil 'ler* NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. 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 an attorney, 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 not 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 the 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 attempt to work out a 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 the 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 our 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. Date Respectfully submitted: Allison 1, Esq., . o_ 5 1 . Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Please 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: Borrower Occupied? Mailing Address (if different) City: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender:_ Loan: Loan Number: Second Mortgage Lender: of Loan: Loan Number: How long? Date you Closed Your Loan: Total Mortgage Payments Amount: $ Date of Last' Payment: Included Taxes & Insurance: State: Zip: Yes El No F-1 Listing date: Price: $_ Realtor Phone:_ Yes ? No ? State: Zip: Home: Cell: Office: Other: How long? Home: Cell: Office: Other: State: Zip: Type of Type Primary Reason for Default: Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Year: Year: 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2° Mortgage Utilities Car Payment s) Condo/Nei . Fees Auto Insurance Med. (not covered) Auto fuel/rep4irs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Sp nding Money Day/Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & 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: 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? Yes ? No ? If yes, please indicate the status of those negotiations: Please provide the following information, if you know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: 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 Co-Borrower Signature Date Please forward this page along with the following information to lender: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ?- _ Sheriff , 7 _ rr Jody S Smith 4"t" 1 6_? n Chief Deputy c'. f d t Richard W Stewart i d t- Solicitor OFFICE OF THE SHERIFF @ . p i'l.",?i??fA JP Morgan Chase Bank, NA vs. Donald A. Wheatley (et al.) Case Number 2012-3474 SHERIFF'S RETURN OF SERVICE 06/05/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Kathy A. Wheatley, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program as not found as to the defendant Kathy A. Wheatley. Request for service at 309 Virginia Road, Mechanicsburg, Pennsylvania 17050 is owned by the Gill's. They advised Deputies, Kathy A. Wheatley has not resided at this address in over three years. 06/05/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Donald A. Wheatley, but was unable to locate him in hi; bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program as not found as to the defendant Donald A. Wheatley. Request for service at 309 Virginia Road, Mechanicsburg, Pennsylvania 17050 is owned by the Gill's. They advised Deputies, Donald A. Wheatley has not resided at this address in over three years. 06/07/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Kathy A. Wheatley, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program as not found as to the defendant Kathy A. Wheatley. Request for service at 218 W. Dauphin Street, Enola, Pennsylvania 17025 is vacant. 06/07/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Donald A. Wheatley, but was unable to locate him in hi; bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program as not found as to the defendant Donald A. Wheatley. Request for service at 218 W. Dauphin Street, Enola, Pennsylvania 17025 is vacant. SHERIFF COST: $121.00 June 07, 2012 SO ANSWERS, 4NR? AND ERSON,' SHERIFF (c) CountySuite Shenff. TeleosotT. Inc. ,~ ~-'nrF~`i3 ,a s PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Zachary Jones, Esq., Id. No.310721 ~ F. ~? ~~~;''~+ ~ ~ ;';'-' 'C~ 1617 JFK Boulevard, Suite 1400 - One Penn Center Plaza . ~.~ #' I `~ ' ~-- ~' ~ ~`; j C Li ~.,~ ~ T Philadelphia, PA 19103 ~ '~~"' "" 215-563-7000 JPMORGAN CHASE BANK, CiJMBERLAND COUNTY NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE COURT OF COMMON PLEAS HOME FINANCE, LLC vs. DONALD A. WHEATLEY KATHY A. WHEATLEY CIVIL DIVISION No. 12-3474 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against DONALD A. WHEATLEY and KATHY A. WHEATLEY, Defendants for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint TOTAL $103,164.46 $103,164.46 I hereby certify that (1) the Defendants' last known addresses are 218 WEST DAUPHIN STREET, ENOLA, PA 17025-2209 and 2325 BURNWAY RD, HAINES CITY, FL 33844- 6718, and (2) that notice has been given in accordance with Rule Pa.R.C.P,`i~7.1. _ Date `~ % ~! Za ry J squ' Q ttorn o lai ' f a,~~ ~\1~.50~ DAMAGES ARE HEREBY ASSESSED AS INDIC ED. e~ 103 ~a~ ~~ "~ ~~`~ DATE: 11~ ~a ~~ HONOTARY 256845 PHELAN HALLINAN & SCHMIEG, LLP Zachary Jones, Esq., Id. No.310721 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff JPMORGAN CHASE BANK, CUMBERLAND COUNTY NATIONAL ASSOCIATION, . SUCCESSOR BY MERGER TO CHASE COURT OF COMMON PLEAS HOME FINANCE, LLC . CIVIL DIVISION vs. No. 12-3474 CIVIL TERM DONALD A. WHEATLEY . KATHY A. WHEATLEY , AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant DONALD A. WHEATLEY is over 18 years of age and resides at 218 WEST DAUPHIN STREET, ENOLA, PA 17025-2209 and 2325 BURNWAY RD, HAINES CITY, FL 33844-6718. (c) that defendant KATHY A. WHEATLEY is over 18 years of age and resides at 218 WEST DAUPHIN STREET, ENOLA, PA 17025-2209 and 2325 BURNWAY RD, HAINES CITY, FL 33844-6718. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~n,~ !/-/3-/z 256845 Department of Defense Manpower Data Center ~t~t1lS ~.C~lOI'G Pursuant tc~ Servicernemb~rs ~i~ Relief Act Last Name: WHEATLEY First Name: DONALD Middle Name: A Active Duty Status As Of: Nov-15-2012 Results as of :Nov-15-2072 12:38:15 SCRA 2.3 On Actlve Duty On Actlve Duty Status Date Active Duty Start Date Active Duly End Date Status Service Component NA I NA I No _ NA This response reflects the kMivkuals' active duty status based on the Actlve Duty Status Date l.efl Active Duty Within 367 Days of Actlve Duly Status Date Alive Duty Start Date AciNe Duty End Date Status Service Component NA NA No NA This response reflects where the IndMdual left alive duty statue whin 367 days preceding the Active Outy Status Date The Member or HlslHer Unh Was Notlfled of a Future Call-Up to Active Duty on Actlve Duty Status Date Order Noflfication Start Data Order Nofllication End Date Statue Service Component NA NA No NA ..-.__.__. This response reflects whether the Individual or hislher unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAH, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. ~~ ,~,-~M Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Department of Defense Manpower Data Center Results as of:Nov-15-201212:39:32 SCRA 2.3 471~L#JA 1~4i 4 Pursuant tc- Servicemembers ~'tvil Relief A Last Name: WHEATLEY First Name: KATHY __._ ___ Middle Name: A Active Duty Status As Of: Nov-15-2012 On Acdve Duty On Actlve Duty Statue Date Active Dury Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals' active duty status based on the Actlve Dury Status Date Left Active Duty Within 367 Days of Acflve Duty Status Date Active Duty Start Date Active Duty End Date Status Sorvice Component NA NA No NA ------- This response reflects where fhe IndMdual left active duty status within 367 days preceding the Actlve Dury Status Date Tha Member or HlsMer Unit Was Notified of a Future Call-Up to AdNe Duty on Actlve Dury Statue Date Order Notification Start Date Omer Notification End Date Status Service Component NA NA No Nq This response reflects whether the individual or hislher unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. 1~ . "'~ Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 (Rule of Civil Procedure No. 236) -Revised JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC vs. DONALD A. WHEATLEY KATHY A. WHEATLEY CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 12-3474 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on ;~' ~ By: ~ `~ •~ ., ` ~ , , If you. have any questions concerning this matter please contact: Phelan Hallinan & Schmieg, LLP Zachary Jones, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED ADISCHARGE IN BANKR UPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TD COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** 256845 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC Plaintiff v. DONALD A. WHEATLEY KATHY A. WHEATLEY Defendant(s) TO: DONALD A. WHEATLEY 218 WEST DAUPHIN STREET ENOLA, PA 17025-2209 DATE OF NOTICE: f b.¢.2LI1 COURT OF COMMON PLEAS CIVIL DIVISION NO. 12-3474 CIVIL TERM CUMBERLAND COUNTY THIS FIIZM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WII.L BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 1M1'Uli.'1'AN'1'NOTKE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HII2ING A LAWYER. IF YOU CANNOT AFFORD TO HIItE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WTfH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717)240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: 1o au Lobb, Esq., Id. No.312174 Attun~ey for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PH5 # 256845 JPMORGAN CHASE BANK, NATIONAL COURT OF COMMON PLEAS ASSOCIATION, SUCCESSOR BY MERGER TO CIVIL DNISION CHASE HOME FINANCE, LLC Plaintiff NO. 12-3474 CIVIL TERM v. DONALD A. WHEATLEY KATHY A. WHEATLEY Defendant(s) TO: DONALD A. WHEATLEY 2325 BURNWAY RD HAINES CITY, FL 33844-6718 DATE OF NOTICE: _ 1~,~~~~/7 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WII.L BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPURTANT NUTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRTTTIN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717)240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 By: ~~~s'L~t~---~ J an Lobb, Esq., Id. No.312174 orney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA ] 9103 PHS # 256845 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC Plaintiff v. DONALD A. WHEATLEY KATHY A. WHEATLEY Defendant(s) TO: KATHY A. WHEATLEY 218 WEST DAUPHIN STREET ENOLA, PA 17025-2209 / DATE OF NOTICE:: ~!,,~fiJl.. COURT OF COMMON PLEAS CNIL DNISION NO. 12-3474 CIVIL TERM CUMBERLAND COUNTY THIS FIltM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USID FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIItING A LAWYER. IF YOU CANNOT AFFORD TO HIItE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717)240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 24~9~3~166 By: ,~-~- Jo an Lobb, Esq., Id. No.312174 ey for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 256845 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC Plaintiff DONALD A. WHEATLEY KATHY A. WHEATLEY Defendant(s) TO: KATHY A. WHEATLEY 2325 BURNWAY RD HAINES CITY, FL 33844-6718 DATE OF NOTICE:. _ J~~~11 COURT OF COMMON PLEAS CIVIL DIVISION NO. 12-3474 CIVIL TERM CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMYUR'1'AN'I' NU'1'.tCk: YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717)240-6195 :. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 d han Lobb, Esq., Id. No.312174 ttorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 256845 FILED-OFFICE Cr* T HE pROTHONOTARY Phelan Hallinan, LLP 7.113 AFF, 10 AMID: 01 John D. Krohn, Esq., Id. No.312244 1617 JFK Boulevard, Suite 1400 kL AND fi6WEY FOR PLAINTIFF CUMBZF One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 j ohn.krohngphelanhal linan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC Civil Division Plaintiff CUMBERLAND County V. No.: 12-3474 CIVIL TERM DONALD A. WHEATLEY KATHY A. WHEATLEY Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys,Phelan Hallinan, LLP,moves the Court to direct the Prothonotary to amend the judgment in this matter,and in support thereof avers the following: I Plaintiff commenced this foreclosure action by filing a Complaint on June 1,2012. 2. Judgment was entered on November 16, 2012 in the amount of$103,164.46. A true and correct copy of the praecipe for judgment is attached hereto,made part hereof, and marked as Exhibit"A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037{b}{1),a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item 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 June 5,2013. 256845 5. Additional sums have been incurred or expended on Defendants'behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $88,951.26 Interest Through February 28, 2013 $16,1 307.84 Legal fees $1,750.00 Cost of Suit and Title $1,941.84 Property Inspections $280.00 Property Preservation $2,856.00 Escrow to be paid prior to June 5, 2013 $1,483.31 Escrow Deficit $7,065.91 TOTAL $120,636.16 6. Plaintiff paid the following in property preservation during the time the loan was in default: 9/28/2010 PROPERTY MAINTENANCE $14.00 11/12/2010 PROPERTY MAINTENANCE $14.00 12/18/2010 PROPERTY MAINTENANCE $10.08 12/18/2010 PROPERTY MAINTENANCE $3.92 1/11/2011 PROPERTY MAINTENANCE $14.00 4/20/2011 PROPERTY MAINTENANCE $14.00 5/19/2011 RELOCK& REKEY $75.00 5/19/2011 DRY HEAT $250.00 5/20/2011 BOARDING $140.00 5/20/2011 DEBRIS REMOVAL $200.00 5/20/2011 YARD MAINTENANCE $95.00 5/25/2011 PROPERTY MAINTENANCE $14.00 6/10/2011 YARD MAINTENANCE $90.00 6/21/2011 YARD MAINTENANCE $90.00 6/21/2011 PROPERTY MAINTENANCE $14.00 7/8/2011 YARD MAINTENANCE $90.00 7/22/2011 YARD MAINTENANCE $90.00 7/26/2011 PROPERTY MAINTENANCE $14.00 8/19/2011 YARD MAINTENANCE $90.00 8/25/2011 PROPERTY MAINTENANCE $14.00 8/27/2011 YARD MAINTENANCE $90.00 9/27/2011 YARD MAINTENANCE $90.00 256845 10/18/2011 WINTERIZE $250.00 10/18/2011 YARD MAINTENANCE $90-00 3/6/2012 REPAIR $95.00 5/17/2012 YARD MAINTENANCE $95.00 6/22/2012 YARD MAINTENANCE $90.00 6/26/2012 YARD MAINTENANCE $90.00 7/14/2012 YARD MAINTENANCE $90.00 7/28/2012 YARD MAINTENANCE $90.00 8/17/2012 YARD MAINTENANCE $90.00 8/23/2012 YARD MAINTENANCE $90.00 8/31/2012 YARD MAINTENANCE $90.00 10/13/2012 YARD MAINTENANCE $90.00 10/31/2012 YARD MAINTENANCE $90.00 TOTAL $2,856.00 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law,Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on April 1, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9)and certification of mailing are attached hereto,made part hereof, and marked as Exhibit 1113". 10. No judge has previously entered a ruling in this case. 256845 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: _ ZO1 By: John D. I hn, Esquire ATTORNEY FOR PLAINTIFF 256845 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(-O,phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC Civil Division Plaintiff CUMBERLAND County V. No.: 12-3474 CIVIL TERM DONALD A. WHEATLEY KATHY A. WHEATLEY Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE DONALD A. WHEATLEY and KATHY A. WHEATLEY 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 218 WEST DAUPHIN STREET, ENOLA, PA 17025- 2209. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case,Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be 256845 cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. 11. 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 ajudgment 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 Mortgapme 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 256845 826(1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Bums, 414 Pa. 495,200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment,and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct ajudgment to conform to the facts of a case. 257 Pa. Super. 157,390 A.2d 276(1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums,fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 111. 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 256845 Partnership v. Kimmel,424 Pa. Super 53, 55, 621 A.2d 1036, 1037(1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266,270(1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser,Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically,interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding,Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested,and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. 256845 Most importantly,the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton 256845 Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced(which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 256845 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. 256845 Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: ,XAe By: — John D00krohn, Esquire Attorney for Plaintiff 256845 Exhibit "A" 256845 PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Zachary Jones, Esq., Id. No.310721 s 12 tart/ I , .I ' I 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza E..I ll�r. i w�:C:t AFi Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, CUMBERLAND COUNTY NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE COURT OF COMMON PLEAS HOME FINANCE,LLC CIVIL DIVISION VS. No. 12-3474 CIVIL TERM DONALD A. WHEATLEY KATHY A. WHEATLEY PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against DONALD A. WHEATLEY and KATHY A.WHEATLEY,Defendants for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $103,164.46 TOTAL $103,164.46 I hereby certify that(1)the Defendants'last known addresses are 218 WEST DAUPHIN STREET, ENOLA, PA 17025-2209 and 2325 BURNWAY RD,HAINES CITY, FL 33844- 6718, and(2) that notice has been given in accordance with Rule Pa.R.C.P 7.1. Date Za ry J squ' Q ttorn o lai DUN�11Q.50 va ..t DAMAGES ARE HEREBY ASSESSED AS INDIC ED. � DATE: -PRMUONOTARY 256845 Exhibit "B" 256845 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 and New Jersey March 29,2013 DONALD A. WHEATLEY KATHY A. WHEATLEY 2325 BURNWAY RD HAINF,S CITY, FL 33844-6718 RE: JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC v. DONALD A. WHEATLEY and KATHY A. WHEATLEY Premises Address: 218 WEST DAUPHIN STREET ENOLA, PA 17025 CUMBERLAND County CCP,No. 12-3474 CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days,by 4/6/2013 Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, John D. Krojit Esq.,Id. No.312244 Attorney for Plaintiff Enclosure 256845 E„ i k � £ 5 1 f2- moo ,s fill F Os -1 MAU 3: n �s S G t x m x gic z`>. ate's „c, 011 SaS r i- � �3 ✓A n , ;�W 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 j ohn.krohn(c�phel anhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC Civil Division Plaintiff CUMBERLAND County V. No.: 12-3474 CIVIL TERM DONALD A. WHEATLEY KATHY A. WHEATLEY Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. DONALD A. WHEATLEY DONALD A. WHEATLEY KATHY A. WHEATLEY KATHY A. WHEATLEY 2325 BURNWAY RD 218 WEST DAUPHIN STREET HAINES CITY, FL 33844-6718 ENOLA, PA 17025-2209 DONALD A. WHEATLEY DONALD A. WHEATLEY KATHY A. WHEATLEY KATHY A. WHEATLEY 127 BARRY COURT 416 JEREMY DR DAVENPORT, FL 33837-9377 DAVENPORT, FL 33837-9365 256845 DONALD A. WHEATLEY KATHY A. WHEATLEY 309 VIRGINIA RD MECHANICSBURG, PA 17050-3068 Phelan Hallinan, LLP DATE: _ q 1' By. 4--- John D. ohn, Esquire ATTO EY FOR PLAINTIFF 256845 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL Court of Common Pleas ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC Civil Division Plaintiff CUMBERLAND County V. No.: 12-3474 CIVIL TERM DONALD A. WHEATLEY KATHY A. WHEATLEY Defendants RULE AND NOW,this V day of 4,1 / 2013, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT J. r-n CO �v _ �CD <> Q° �© c x� a CD 110 Cz � a CD 256845 John D. Krohn Esq.,Id.No.312244 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 �NALD A. WHEATLEY DONALD A. WHEATLEY KATHY A. WHEATLEY KATHY A. WHEATLEY 2325 BURNWAY RD 218 WEST DAUPHIN STREET HAINES CITY, FL 33844-6718 ENOLA, PA 17025-2209 DONALD A. WHEATLEY �ALD A. WHEATLEY KATHY A. WHEATLEY KATHY A. WHEATLEY 127 BARRY COURT 416 JEREMY DR DAVENPORT,FL 33837-9377 DAVENPORT, FL 33837-9365 �NALD A. WHEATLEY KATHY A. WHEATLEY 309 VIRGINIA RD MECHANICSBURG, PA 17050-3068 256845 256845 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza c°3 m -n Philadelphia, PA 19103 jonathan.etkowicz@plielanhallinan.com 215-563-7000 �r N M JPMORGAN CHASE BANK,NATIONAL Court of Common ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC Civil Division P,' Plaintiff . vs. CUMBERLAND County No.: 12-3474 CIVIL TERM DONALD A. WHEATLEY KATHY A. WHEATLEY Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 12, 2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. DONALD A. WHEATLEY DONALD A. WHEATLEY KATHY A. WHEATLEY KATHY A. WHEATLEY 2325 BURNWAY RD 218 WEST DAUPHIN STREET HAINES CITY, FL 33844-6718 ENOLA,PA 17025-2209 DONALD A. WHEATLEY DONALD A. WHEATLEY KATHY A. WHEATLEY KATHY A. WHEATLEY 127 BARRY COURT 416 JEREMY DR DAVENPORT, FL 33837-9377 DAVENPORT, FL 33837-9365 DONALD A. WHEATLEY KATHY A. WHEATLEY 309 VIRGINIA RD MECHANICSBURG, PA 17050-3068 Phela allin LLP DATE: ?i� 3 By: Jon an M. Etkowicz, Esq., Id. No.208786 A mey for Plaintiff 256845 1 1 Cr T F FIC- PPD THOrdo Tq R Y ""AY -7 AM10: os CE MBERL,4mo CoUy y PN� SYLVANIq Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Perri Center Plaza Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC Civil Division Plaintiff CUMBERLAND County vs. No.: 12-3474 CIVIL TERM DONALD A. WHEATLEY KATHY A. WHEATLEY Defendants MOTION TO MAKE RULE ABSOLUTE JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC, 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 April 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 Defendants on April 1, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the 256845 Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable $jdName on or about April 12, 2013 directing the Defendants to show cause by May 2, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto,made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on April 24, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of May 2, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Alin LP DATE: By: 7 r VU( &0*ch- ckerman,Esq.,Id.No.309519 Attorney for Plaintiff 256845 Exhibit "A" 256845 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA .IPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC Civil Division Plaintiff CUMBERLAND County V.. No.: 12-3474 CIVIL TERM. DONALD A. WHEATLEY KATHY A. WHEATLEY Defendants .RULE AND NOW,this t� ` ��r��4k -day clay of. 2013, a.Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court,Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT rr,CO r- rr r-`w I I 256845 John D. Krohn,Esq.,Id.No.3122214 Phelan Hallinan,LLP 1617 JrK Boulevard, Suite 1400 Philadelphia,PA 19103 ,rE,L,: (215) 563-7000 FAX: (215)563-3459 DONALD A. WHEATLEY DONALD A. WHEATLEY KATHY A. WHEATLEY KATHY A. WHEATLEY 2325 BURN�!Ay RD 218 WEST DAUPHIN-STREET HAINES CITY,FL 33844-6718 ENOLA, PA 17025-2209 DONALD A. WHEATLEY DONALD A. WHEATLEY KATHY A. WHEATLEY KATHY A. WHEATLEY 1.27 BARRY COURT 416 JEREMY DR DAVENPORT, FL 33837-93.77 DAVENPORT, FL 33837-9365 DONALD A. WHEATLEY KATHY A. WHEATLEY 309 VIRGINIA RD MECHANICSBURG, PA 17050-3068 2568,45 256845 Exhibit B 256845 w Phelan Hallinan, LLP .Jonathan.M. Etkowicz, Esq., Id. No.208786 � 1617 Jr K Boulevard, Suite 14001 AT*l' N1 j'pR pfF One Penn Center Plaza -0. r� Philadelphia, PA 19103 M r- jonathan.etkowicz @ph.elanhallinan.com -'-4C�) 215-563-7000 � Cn� JPMORGAN CHASE BANK,NATIONAL C11 w i. ASSOCIATION, SUCCESSOR BY MERGER TO Court.o! Cornj.no'n.l-ka.s ' ` CHASE HOME FINANCE, LLC Plaintiff Civil Division vs. CUMBERLAND County DONALD A. WHEATLEY No.: 12-3474 CIVIL TERM KATHY A. WHEATLEY Defendants CERTIf F1:r-A rnw CaII'S>CR VICE; I hereby certify that a true-gild csar j cct i>o py o.ftlie Court's April 12, 2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. DONALD A. WHEATLEY DONALD A. WHEATLEY KATHY A. WHEATLEY 2325 BURNWAY RD KATHY A. WHEATLEY HAINES CITY, FL 33844-6718 218 WEST DAUPHIN STREET ENOLA, PA 17025-2209 DONALD A. WHEATLEY DONALD A. WHEATLEY ►" KATHY A. WHEATLEY 127 BARRY COURT KATHY A. WHEATLEY � �� q1 � . DAVENPORT, FL 33837-9377 416 JEREMY DR DAVENPORT, FL 33837-9365 DONALD A. WHEATLEY KATHY A. WHEATLEY 309 VIRGINIA RD MECHANICSBURG,PA 17050-3068 -- ` Phelan a1lin r L1 J' DATE: 7i� 13 By: _ Jrn i ?y M. Etkowicz,Esq., Id. No.208786 ltt>hicy for Plaintiff 256845 s Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.'Zuckerman@phelanhallinan.com 21.5-563-7000 JPMORGAN CHASE BANK, NATIONAL Court of Common Pleas ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC Civil Division Plaintiff vs. CUMBERLAND County No.: 12-3474 CIVIL TERM DONALD A. WHEATLEY KATHY A. WHEATLEY Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. DONALD A. WHEATLEY DONALD A. WHEATLEY KATHY A. WHEATLEY KATHY A. WHEATLEY 2325 BURNWAY RD 218 WEST DAUPHIN STREET HAINES CITY, FL 33844-6718 ENOLA,PA 17025-2209 DONALD A. WHEATLEY DONALD A. WHEATLEY KATHY A. WHEATLEY KATHY A. WHEATLEY 127 BARRY COURT 416 JEREMY DR DAVENPORT, FL 33837-9377 DAVENPORT, FL 33837-9365 DONALD A. WHEATLEY KATHY A. WHEATLEY 309 VIRGINIA RD MECHANICSBURG, PA 17050-3068 P an Hal DATE: By: All rman, Esq.,Id. No.309519 orney for Plaintiff 256845 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC Civil Division Plaintiff CUMBERLAND County VS. No.: 12-3474 CIVIL TERM DONALD A. WHEATLEY c KATHY A. WHEATLEY Defendants cam- rn cn -.. c: r ° c:) ic:� -0 � � w ORDER AND NOW, this /� day of//� 2013, upon consideration of Pllilf sN 5 Motion to Make Rule Absolute, it is hereby ORDERED and DECREED,that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $88,954.26 Interest Through February 28,2013 $16,307.84 Legal fees $1,750.00 Cost of Suit and Title $1,941.84 Property Inspections $280.00 Property Preservation $2,856.00 Escrow to be paid prior to September 4, 2013 $13483.31 Escrow Deficit $7,065.91 TOTAL $120,636.16 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. B THE COURT: J. A 19 . X21 � �� 256845 C- r n CU := " M PHELAN HALLINAN,LLP Attorney for Plaintiff JOSEPH E.DEBARBERIE,Esq.,Id.No.315421 C:) If' c-n C)6 1617 JFK Boulevard,Suite 1400 --j One Penn Center Plaza 7" :Z-n Philadelphia,PA 19103 =C) %�D C)M 215-563-7000 5c= --i n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL CUMBERLAND COUNTY ASSOCIATION,SUCCESSOR BY MERGER TO CHASE HOME FINANCE,LLC COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. No.: 12-3474 CIVIL TERM DONALD A.WHEATLEY KATHY A.WHEATLEY 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 beeli 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"All. SEPH E.DEBARBERIE,Esq.,Id.No.315421' Attorney for Plaintiff Date: 3 11-3 -F—T IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may no be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS#256845 JPMORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS ASSOCIATION,SUCCESSOR BY MERGER TO CHASE HOME FINANCE,LLC CIVIL DIVISION Plaintiff NO.: 12-3474 CIVIL TERM V. DONALD A. WHEATLEY CUMBERLAND COUNTY KATHY A. WHEATLEY Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 31291 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,SUCCESSOR BY MERGER TO CHASE HOME FINANCE,LLC,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 218 WEST DAUPHIN STREET,ENOLA,PA 17025-2209. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) DONALD A.WHEATLEY 2325 BURNWAY RD,HAINES CITY,FL 33844- 6718 KATHY A.WHEATLEY 2325 BURNWAY RD,HAINES CITY,FL 33844- 6718 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) DONALD A.WHEATLEY 2325 BURNWAY RD HAINES CITY,FL 33844-6718 KATHY A.WHEATLEY 2325 BURNWAY RD HAINES CITY,FL 33844-6718 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) CITIFINANCIAL P.O.BOX 843 CHAMBERSBURG,PA 17201 CITIFINANCIAL PO BOX 17170 BALTIMORE,MD 21203 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be NONE. reasonably ascertained,please indicate) 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be PHS #256845 reasonably ascertained,please indicate) EAST PENNSBORO TOWNSHIP C/O JOESPH 98 S.ENOLA DRIVE A.CURCILLO III,TOWNSHIP SOLICTIOR ENOLA,PA 17025 EAST PENNSBORO TOWNSHIP CIO A. 98 SOUTH DRIVE JOHN PIETROPAOLI ENOLA,PA 17025 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 218 WEST DAUPHIN STREET ENOLA,PA 17025-2209 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR,THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: ►3 By. elan Hallinan,LLP JOSEPH E.DEBARBERIE,Esq.,Id.No.315421 Attorney for Plaintiff PHS #256845 Narne apd Phelan Hallinan,LLP t a' Address 1617 JFK Boulevard.Suite 1400 c N a Of Sender One Penn Center Plana Philadelphia,PA 19103 AZK/SFF-06/05/2013 SALE p Lnte ArtieleNuniWr NAME OF ADDRESSEE STREET AND POST OFFICE ADDRESS postage 1 "'•' EAST PENNSSORO TOWNSHIP C/O A.JOHN PIE-I'ROPAOLI $0,16 � 98 SOUTH DRIVE b9 ENOLA.PA 17025 ' assn 2 * +* EAST PENNSBORO TOWNSHIP CIO JOESPH A.CURCILLO 111,TOWNSHIP SOLICTIOR $0.46 ao n 98 S.ENOLA DRIVE ENOLA PA17025 'f y RE:DONALD A.WHEATLEY CUMBERLAND PHS a 2SW5!1026 page I of 1 45 Day ISO.92 j to ToW Numberof Toni Nnnber of Roca Pom weer,Per(Name of The full deeranoo►aft alma a«9tdred on all demesu and intmuional mt4wed auary'fbe ms Piems1estedby5enda pecowdat Post Olfict RamingErtplo)aj k+r6roKOOnstnWipn�tttmn:�aiabicdaa>tela�stnda raaMsidoarment in S "M Abjw tot bmtit ofi�5Q.ow pct ate+9rre+rx.The ma9c9aua sndetm9ry pa fable m Cat - ihcmazimimndanntyP+Y+bk is S25,000 far rc)cistaod wd,stet silt optioiol nsmance.Se�` -°�r, pOQ)$917 and SA;!for rmitMims of ' Form 3877 Facsimile n PHS 4 256845 f Name Epd Phelan Hallinan,LLP Addre s 1617 WK Boulevard,Suite 1400 Of Sender One Penn Center Pla7A Philadelphia,PA 191.03 AZKIGNM-061MMI)13 SALE e Lino Article Number Name of Addre3see Strcc and.Past Office Address Postage I ra w+ TEKANTA)CCUPANr St1.44 218 WEST DAUPIUNSTRF3:'T • . PNOI.A PA IIW-r.2709 _ y 2 «+wM CTTIFINANCIAL P.O,BOX 843 4 50,44 CHAMBERSBUAC PA 17201 °on°ia C 3 w►•w CITTFINANCIAL a fn 44 Po BOX 17170 . $0. DALTMOR&141121103 4 r+ww COMMONMEALTII 0FPV4NSVL`VANIA BUREAU OF INDI't"#AURL $0.44 4 TAXES/AUMITANCE TAX DIVISION "4yI► Is9 6TIi FLOOR.STRAWBERRV SO• 1IARR1S8URC PA 022E v(, 5 *wwr DEPAR tE W O PUBLIC WELFARF,TP 5 ALTYUNIT, ESTATE RECOVF32Y PROGRAM SUA4 v 4h,W 11.0.BOX 8446 cs * WILLOW OAKBIUDING •:4,•. - + HARRKRURC PA 171715 6 4*w* DOMESTIC RELATIONS OF ccr�a4 CUMBERLAND COUNTY # 13 NVRTH HANOVER STREET I = CARLISLF,PA 17013 7 w+rw COMMOIW&ALIIfU?'PF:iYMWLVANIA $0.44 -1 DEPARTMES TOT VFT2.FARE F P.O.Box 2615 4 RAMISMIR PA 17105 9 +**• 1NTERNAL REVENUE SERVICE ADVISORY 50.44 1000 LIBERTY AVENUE ROOM 704 y . PI1MBURGIIi?A 25232 9 w**► U.S.DEPARTMENT'OF JUSTICE S0.44 U.S.ATTORNEY FOR TTIE MIDDLE DISTRICT OF PA • FEDERAL BUILDING 228 WALNUT STREF7 SUMS 22A PO BOX 11734 1IARRISBURC PA 1710E-i75{ _ 6M4MW= ) -1PiIS#1.25b84$/t033 _---P:Sc-1•af-1 Wrdt 53.96 Team Tdm on of TOW"aw oft'x= et,IW ogme c• Ire Getkrsaoaa.ata oregaae onsl a to afail, rtaaaroa udtxsoitypsysllt 1'iucslitKd+ay sa+acr R,ocsiredaoiarxOfbce irin�,Cngtryecj fa tLC rnviWratitas urrnwocpxis3rleStrwrmru attdcx FwW lllif aI.-YWCYn ri WtunmCi00fi irntnaacc is 3roaao Ic+ fimx nrbjra Mafimit�fSSi7f1,Mq�=.r.v^rurtsnr, 'nM marmrtn i+MmniylxrynT4em l=.xytta Mail rnertbandite ir3300. 1bt mWmam tb&mniry PayAk is$8,000 for regiavar/mail,wu w03 epioW & km a.$to DocusSc MW M.1 89005913 Ind 5921 fa linkadow ofto Form 3977 Facsimile t , 1" 7' FIL PHELAN HALLINAN,LLP JUL 25 A'J 10: 14 Attorney for Plaintiff P One Penn Center Plaza CLtIBERLA HD COUNTY 1617 JFK Boulevard,Suite 1400 PENNs YLVANIA Philadelphia,PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CUMBERLAND COUNTY CHASE HOME FINANCE, LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO. 12-3474 CIVIL TERM DONALD A. WHEATLEY KATHY A. WHEATLEY Defendants MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff,by its counsel, Phelan Hallinan,LLP,petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendants, DONALD A. WHEATLEY and KATHY A. WHEATLEY at 218 WEST DAUPHIN STREET,ENOLA, PA 17025-2209 and 2325 BURNWAY ROAD,HAINES CITY,FL 33844-6718 and posting 218 WEST DAUPHIN STREET,ENOLA, PA 17025-2209 and publication pursuant to PA.R.C.P. 3129.2(D) and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for September 4,2013. 2. Pennsylvania Rule of Civil Procedure(Pa.R.C.P.) 3129.2 requires that the Defendants be served with a notification of Sheriffs Sale at least thirty(30)days prior to the scheduled sale date. 3. Attempts to serve Defendants, DONALD A. WHEATLEY and KATHY A. WHEATLEY,with the Notice of Sale at the mortgaged premises, 218 WEST DAUPHIN STREET, ENOLA, PA 17025-2209,have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A".No service was made as the property is vacant. 4: Attempts to serve Defendants, DONALD A. WHEATLEY and KATHY A. WHEATLEY,with the Notice of Sale at 2325 BURNWAY ROAD, HAINES CITY, FL 33844-6718have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A".No service was made as there was no response from the Defendant. 5. Attempts to serve Defendants, DONALD A. WHEATLEY and KATHY A. WHEATLEY,with the Notice of Sale at 127 BARRY COURT, DAVENPORT, FL 33837-9377 been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A".No service was made as the Defendants do not reside at the said address. 6. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendants. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". 7. Plaintiff contacted the Prothontary's Office and as of May 8, 2013, no Judge has previously entered a ruling in this case. 8. In accordance with CUMBERLAND County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendants on MAY 10, 2013 and requested Defendants' concurrence. Plaintiff did not receive any written response from the Defendants. A true and correct copy of Plaintiffs MAY 10, 2013 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9)attached hereto,made part hereof, and marked Exhibit "C". 9. Plaintiff submits that it has made a good faith effort to locate the Defendants, DONALD A. WHEATLEY and KATHY A. WHEATLEY,but has been unable to do so. WHEREFORE,Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendants in accordance with Pa.R.C.P.,Rule 430 by certified and regular mail to DONALD A. WHEATLEY and KATHY A. WHEATLEY at 218 WEST DAUPHIN STREET, ENOLA,PA 170252209 and 2325 BURNWAY ROAD, HAINES CITY, FL 33844-6718 and posting 218 WEST DAUPHIN STREET, ENOLA, PA 17025-2209 and by publication. Phelan Hallin LLP DATE: �� By P elan 1141finan,LLP Jonathan Lobb,Esq., Id.No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000, PHELAN HALLINAN,LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CUMBERLAND COUNTY CHASE HOME FINANCE, LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO. 12-3474 CIVIL TERM DONALD A. WHEATLEY KATHY A. WHEATLEY Defendants PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendants Notice of the Sale of the mortgaged premises..Specifically,Pa.R.C.P. Rule 3129.2(c)provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in subparagraph(A)or (B),the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was-served pursuant to a special order of court under Rule 430 upon the defendant in the judgment,the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendants,DONALD A. WHEATLEY and KATHY A. WHEATLEY, are unknown, a reasonable investigation of their last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure Rule 430(a)provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A sheriff's return of"not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales v. Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a"good faith effort" to discover the correct address. Adoption of Walker,468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes(1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2)inquiries of relatives,neighbors, friends, and employers of the defendant, and(3) examinations of local telephone directories,voter registration records, local tax records and motor vehicle records. As indicated by the return of service,hereto as Exhibit"A",the process server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendants has been made as evidenced by the attached Affidavit of Reasonable Investigation,marked as Exhibit "B". WHEREFORE,Plaintiff respectfully requests the allowance of service of the Notice of Sale upon Defendants in accordance with Pa.R.C.P. Rule 430 by certified and regular mail to DONALD A. WHEATLEY and KATHY A. WHEATLEY at 218 WEST DAUPHIN STREET, ENOLA, PA 17025-2209 and 2325 BURNWAY ROAD, HAINES CITY, FL 33844- 6718 and posting 218 WEST DAUPHIN STREET,ENOLA, PA 17025-2209 and by publication pursuant to PA.R.C.P. 3129.2. Phelan Hallman, LP DATE: By: ajk� JqAthan Lobb, Esq.,Id.No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 Jonathan.Lobb*phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CUMBERLAND COUNTY CHASE HOME FINANCE, LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V, NO. 12-3474 CIVIL TERM DONALD A. WHEATLEY KATHY A. WHEATLEY Defendants CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Exhibits in the above captioned matter were sent by first class mail,postage prepaid to the following interested parties on the date indicated below. DONALD A. WHEATLEY 218 WEST DAUPHIN STREET ENOLA,PA 17025-2209 KATHY A. WHEATLEY 218 WEST DAUPHIN STREET ENOLA,PA 17025-2209 DONALD A..WHEATLEY 2325 BURNWAY ROAD HAINES CITY,FL 33844-6718 KATHY A. WHEATLEY 2325 BURNWAY ROAD HAINES CITY, FL 33844-6718 Phelan Hallinan, LLP DATE: By: 174, Jo than'17obb,Esq., Id.No.312174 Attorney for Plaintiff l ' Pt:Ati*S Illltr CtJbLi VK AND COUNTY J'E+14f()ROAN CIIASEl3AN&i`7'1',tfONXLAS5OCIA3"ON, SIICG 55f)t BY M ROI O C i4SEi Tlt7NCt')"N,WlC ILC PIS-S iF 756945 DIENDANT `fit EZoi-�` DONALD A.WMA'II.P.'f C:C1tJ1t'1 NU.;1 1174 t�VIL TERM KATHY A.WHEA1LEY SERVE DONALD A.WHEATLEY AT*. 'TYPE OF ACTION 218 WW DAi1MM S.I r-r XX Notice of Shed£t's'Sate ", OLA,PA I7025.2209 SAID DATE: Tune$,2013 Served and made known to ppjjA�HLATLTs�Defendant on the,`...`day Of._._ _+ 20_ at dclock_,,M.,at-- .»_..----.---. in the manner described below: Defendant personally served: _ Adult family member with whom Defendant(s)reside(s). Atlultin charge ot.l�efendnnt'st rCxid�'sc�wlto.r0fuscd to�lve nume:or rcft tionship, D3a lIt. E�tYiprl,nf:pisica>rii icel);3ng uc t tticli)3tsftatcGtat(s)reside(s), AyCnt atprrsc n Stt uhat�cn of•l7cfeiltlant`S ilff'ceo ar uxatsl pSncz of busiih�s: -cry uf#ice of said C7rfcrtitrtzt's catiparfy,. Dasaiption. Age Height Weight Racy Seat__ Other 1 _ .,a competent adult,hereby verity that I personally handers a trite and corscet.Copy of tht .&g ost l_tt nii` Shca in the mtulrtrr as set forth herein,issued in the captioned case ca;the elate and at the address indicated ttbuve.:Lori:ersland that thin stattSneltt iA made subject to the penalties of 18 Pa,C.S,;5.cc.d304:ri lacing to unawom falsification to autboaiies. DATE: NAME;. PRJTvT81)NAN*.; Gln the"j't� dayy of 20 'at x'tts'rioci: .lvl..t,. '_` ' �1' _ -_�a ot>sniretent adult hereby state that'Maticienl ATFFC�•f�ecause: +Vacant,: " Does Not F,ttisl _Moved " _,,,Does NotReside(Not Vacagt) _NaAnsmwon Service Refused Other �i ndtfi:tand i A tti4:st;nCrilcnt is mode subject to the penalties of l8 Pa, C.S. See. 4904,relating to unswarn hnisifir ntitl t to ntn,Esc riti: . 'PRINT-Bl NAM 13; �rO nr�; ixSj1,,P .At tN1'YFT Phelan Hatlinao,Up 1617 IFK Bwilevard,Sena 1'400 One Penn Ceruer Plena Philedeipitia.PA 141133: (215)563-IODD 1'racess 5nx�ver C:l��el� l.,ist�, If Service Is Made; Spouses Names if Applicable DivUrced r `.!es t } No :( } •...,...�...w r 4w.w�+ ..v� �l'r r r^'.�._'.1,•.'!'.!!!.!'<..f. .rp_.r.! .. to...7.G .. "_ -�t.w� �M.— r ..r.-r._ �. No Sexviue M"e 1 . Vacant: Yes 2 . Is there a name on the mailbox? Is it the defendants? 3 . Neighbor Contact: Yes i } No Left 4 , 'For Sale Sign: yes Realtor' Name: ,•. - Company .Name v tlql �, - ..._....._....__...._. , ._.._..._.......... _..._. Phone Number: s . car in Drive Way Yes ( ) No C Plate Number, 'r AFFIDAVIT OF SERVICE(FHLMQ PLAINIF CUMBERLAND COUNTY JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, SUCCESSORBYMERGERTo CHASE HOME PINANCE,.LLC PAS0256845 DEFENDANT SFRVT .TiC tvr/Ith DONALD A.WHEATLEY COURT NO.-123474 CIVIL TERM ` KATHY A.WHEATLEY SERVE KATHY A.WHEATLEY ATt TYPE OF ACIZON 216 WEST DAUPHIN STREET XX Nudee of Sheriff's Sale ENOLA,PA 17025.2209 SALE DATEi'June S,3013 SERVED Served and made known to SAM A WHSATIBY Defendant on the_day of 20_,at _,o'clock M.,at. in the manner destaitKsd below: _.Defendant personally served. Adult flamily member with whom Defeadant(s)reside(s). Relationship tv- , _Aihilrin charge:.of 06faidarrt's ri:sidoce wiio rofitsed to giveaante:or reliitionship. _2vlanag€rtlerk�o#•:pi,afse of lodging In which i�cfcnclant(ar)icsid (fi): ,;_,,,Ag6nt orlx.rafiri it,cb-,irge of ljcfcttdant'a office a usuitt 044 of blWness. —Ono tcci:�f•indl7otetiilanl's eail?Iiany. _ Other,_. Description, Age Height Weight Race Sex Other I,T_ a competent adult,hereby verify that I personally handed a true and correct copy of the Notice bf Shmi s le in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of IS Pn.C.S.Sec.4904 relating to unswnm fotsification to autboritics. DATI3: PRZIIT'D _... ,+� 111�� TrfLr flrtir. f �i,,,x'i� fl �j? �r,l nt �I -�sloclkh1.,1,f ;a competent adult hereby �rpuf ilirii cfs,ni-tint y'ljii4'f1t11. t)ix's"NiH 8,41!'t Does Nnt R.cs3dt:(Not Vacant) Ht at.. a..._. ., .._.__........._ .... ._—._. _Service'Refuscd Other: 1 this; statement is made subject to the penalties of 18 Pa, CS. Sec. 4104 relating to unsworn Iirisillrmion tondthod'U:. DPpNAML' ��! .�+h�t�it•C" �__ �TTQi2DIEY FORYLAfN'I'>Tk' Phe]an 1'19111nan,id3' 1617 IFK Boulevard,Suite 1400 Otte Penn Center Plaza PhSladeiphia,PA 14103 (215)563-7000 t� r�N,ca rv ,,.cva uuvauanuro eir803 ,7090577 Page:7/8 Date:4MI2013 11:49:47 AM 1 wv. t Vtl-VJI f f/,( AI'Flf1AVIT Olt S6UVICEWHINC) I'I,A1Nn/tU C0110P.W.AN11 COVNTV JPMORGAN CHASIZ RANK,NATIONA4 AMOCIM ION, SUCCI[WOR By It16MC CUTO COASU110MMP1NANC:7S 1.I.0 1+11601014S uIwllNnnN1' ��rl,prl, /h1, 1)OPA1,AA,WilVr1T1J;1' COVMTNU.,17.3414 C1Vll,'riulm fCATI1V A,1VIII9ATIAuW alttlYRn(iNAI�Dn•1YNH,Af1dh rt1't TV1490PACr'ION 2I71ItU(1MVAV III) kK Nnritu of kli,arill'rrSuk NAIMM CITY,V1,3394,140711 SALI;I)A•ri1:JWW S,3111 S S,xuadnnd nw kulnvn 14 ' ,�,• t,t Ocfaulunt On Iha�duy o ^ji'.>;L ,xp�,,,, �DU,p'elpck�M.,l,l � IJ.A�t!t2i�`��In the nuumer dn,xribtu ltWotr. ..�1it•.tra„dnm.l>erca,ulEy Krxvcd. _AtluTl'lpn+lly ntanLtr wjth„A,ont Uutetrdant(x)rtildu(S). 11r1nlidntdtMitc „_,, _.Atlull.i,t c),nf)Cdrt?picridsni's kwtnuC who r0filud,ogive nonwor rohnivuftdp. �:�4ngny t,YCMCtk urpispo ortoogjur in Nliitll Dc[mditnlCn)It fitla(r0 ,_,/lypntprllersrpt In etmtgcot Dotirtdknt5t otYiraor nc,nl pir,te pf bu�ineca • to bfOClYOfmid G�areruWnPS t>oln{nny, —Otter. 0%cr1ptlon: Ace thdtdK W chl_,.._^Itace-5at_Uti+cr 1, _ is comllexeur witsk,wlip,rinly xwwo utmiting to low, yplGUnA se�eolhot l pawnoily ItdtitlaG o Wo+ied CW reel.001tY of.11w Neiice sr CNtrilCt:;n{q7„:+he nleri,&IEY:ta rorih(mein,insual In the.eniulone,l Cu>rso,+the,hneeridnothoetldttsstnd'Ieniadah&4i ,. - Sv mtoand6ubmtlbW bofrma ma this tfAy ✓,a On the M1ny of Z0 al fb dilnok j f' ^„a eontperatt adn111so1r>Uy SWCtha Q&ai .tit TFOUtZ'ISlicxapsc: _Vosnitl 04ta Not Uft Moov_ea _t�Ntx 114w do Not VQQUK) ' XAo Atlav m+.` ,n{� 'flr /7; 7'I n1 .3s�'sts&)47—rrzi+ Serul0i+:ltnfu,I,a1. tf-% Zy' ?0 Al •cy;-'��e^, t r(J �lj ,lrti , �•.7/ cz�� Ye/�i� bmee y� t lil,i5,� rirss+, .•� ...G^'��,,., �+�_�f�'�', �l„may �..� J.��%I�-. i�1r1Rt�': n;I�,cL131��:L'�4,It I�t.At Tll!s• � , . Phptau Vlulllnmu 11,1' 1417 11"r,SUPler".Suirc 1400 05e Pan,Cesar Pb?.% �r7 1'MICAelpt4o,PA 19103 tZ1515G9,We ^�o, VIVIAN CWALL a+fi Notary Public,Wlo of Florida 'i My Comm.Explres Aug.21.2015 CommiWon No.00 70M This fax was received by GFI FAXmeker tax server.For mote information,vislt:http;/Avww.gfi.com + hN'co t•wa uuva0 From:M 709 A677 Page:8 1E3 Date:4P19/2A131 49:47 AM 4 v v-r vv-vvr r N.v AIrI111MV1'I'oPS18ft VlC1tCr'If I,h'iL'y I'I AItlllFfr (2UMIIrtkI ANDCUUN'rV 4t JI'h1U1tCnN CMASIC ilr►W,NA11ONAI,ASS'OCIA•f)i1N; yl>LtCRSSOJt 111'hlt2tlCRri'ItD C;11nSI:l10M1i triNANC4.1,1d: PIL$N 1lfisJ} b81rQNprNV1' , �S`eU:f�i'�� f UONA1dyA,1171RAn,f;V COU)JI`S`1JQ,i17.3474QV11,T414m If/i'1'y1Y A.11'IU;n1'LRl' SRIWE XA111YA.1%,1M4Ti,ttV AT 'TYPE OF AC HON 737S 111JUNWAY 110 XX Nnnwnr6krifriSPlt 11nIN6SC1'I1',NI,�tWJ r;7l8 VAIXUA711i htie.%21013 Q. tiCan+3alllrnarl knnwnto{C[i ly_Q,�V �,+�5( I}aro-donton chc4!Vriayor �. 20 al 61 1d r+ � `im 6 In lho utnnttrQaoetibc+l mow uafaliilnlaq�rsrMrltysctvitl, Adult fnmlly IvsmlievAviih wham Defemnnt(i)-4dt(ro, Relatfp'tltlp Ir A*111 Is elgorga of uafantttinrf'I esiclenep who rdfi*00 to giva rMilta or rafnUel"Mlr, NiatlnylurJCauk if YNW o1'lodginA io w1114h fyefundnla(r0(c4ticts), _Agent or pw%dn in ehogX of berolidiioesofka or iilual place or tritrine,& an africor bf raid Det>ndrnl x eotttpnny, r Oil= Doscrliniant Alva Height WC19111 Rata—SOX—011lar__ It.. - Weumpctliii 111101;b4ny00Y—m o91:Ot'Qinp to low,dopowe lutd Atsts Ihttl I paraanell , hanclod,amuc and correit ccp;y of v,C&SLQf-01WJ1W*fa the 1lnlntW41%44 Wh hradn,Ilwatl In the capuloned cart on lhc,dniatrtil nl l4e rmidwiv 1161 Glad sbovo, Sworn to owJ suWalbcil befbr a me that dsy „ 7/ Wary. fly: ......... -a .( G/�✓'�,p.�.�. _ uc:.v Cllr the aa�l vf� ux�.gpff at L,'9 V_ddock M..1, a cpnptumt ndatl htrrcby atsla thae mt nt Ci'faa Vocanl , J)oat r4at Valli _Moved. �. Dow Not RaNle,( VRCWQ '.,'t+oAnM1vu an'. . .ati,..a— �1 P' � :ut � ,,'71' ---yar'S otltec Service Relbseu ' /7 �/ 7-t -t fir•. -i�r F.J'-t►+.:z�ya... U-2/ ems' ?.� U tVantlyi i1'17!'013p!t�[±.QIU'.b6l�l'�C. pwoli lialiinaat t4J' 1617 jFX 9uvlc►810,$wr IWO Oro tern Cabler 1'14rn Phphidetigtia,PA 19197 jow /, (21x)407.7000 n� � 1►iYlATt1 nuVA1,L t y NetarV Publlo,Slat¢of norlds "x My COMM.EXPIres Aug.21.2015 t , ` Comml+alut No.OD 7099311 This fax was received by GFI FAXrnaker fax server.For more Infotmatton,vislt:http:ftwww.gfi.com Aral IM VIT OP SERVI CR(11111.A1C) PLA INTiPIr CUAIUItitLAND COUNT' .i1'690RCAN CI•IASti IIANK,NATIONAL ASSOCIA170N, SUCCLSSOR UY d4GRCCR TO CHAS);IIOMR FINANCE„1.l,C NHS 6 256845 DrX-X-NDANT. SI;(t'CFTEAM/lxh DONALD A.WHI:ATUEZY COUNT NO,:12-3A74 CIVII,TI.r"I KATlIV A.114-1135AT1,i11' SERVR DONALD A,,�WHGATLIEY AT: TYPR OP ACTION 12>LkY u CO( ,v Xr Natlt•n or Sbcriff's Sale IIAINIL4 0".F1,33141.1 SAIX DATE: June,2013 Served and madc Mown to 1 QNAI D A WHC-A'i'LEY,Defcndnnl oil the—day al' ,20 al dciock_M.,al In ilia munner described bctnw: _Defendant pCisonallyxcrvcd. —Adult family mcutber with whom Ocrendani(s)resldc(s), Rclatitmship is _Adult in charge of Defondunt's raldcnce Kiuucrusecl to give name or rulalionshlp. _,,,,14onagert0crk of place of lodging ht which Defendants)reside(s). Agent or person in thorge of Defendant's oMcc or usuoi place of business. an officer of anld Defendant's company. Other::. Description: Age Haight Weight Race_Sex Other___ _ a competent adult,being duly swam according to low,depose and state that I personalty handed a true and correct copy of the Notica of Sheriffs Sole in the manner as set forth herein,issued in the captioned case on the(late and of the address indicated above, Sworn round subscribed Wrore rue this clay of .20- Notury: Ay: — .ZX`( -d dy l7i SERV r On the da of 2b� ,m dclock .A1.,I. �lC __ n competent alter(hereby stale that a en ate IIf�T}"1ie:cntrsc: _Vacant w Drx a Nni I.xist `Moved VIT)oes Not Rosidc(Not Vacani) _No Answer on m ut ScNicc RcfuFcd. 'Olhar. SWomtdatid.11 frilled. r III Notary; A f'I'ORNf1'FOR PI,AIN)'iFfr Thelon Itallirian,L1.1' U j ray Ay�� I�} jT1 V I One Pel n Coma atU,Sulk 14181 One Pcnn Garner Pima I'Idludetphla,PA 19113 (215)5fil•7000 �OMAN OW&L r' Notery Public,State of Florida , + My Comm.Expires Aug.21,2019 CommJalon No,D0 709839 AFFIDAVIT OF SERVICE(FHLMC) PLAJNTIFF CUMBERLAND COUNTY JPMORGAN CHASM;IIANK,NATIONAL ASSOCIATION, SUCCESSOR BY MERG ER TO CHASE HOME FINANCE,LLC: PHS 4 296945 DEFENDANT S1,RYICE TFAM!!xh DONALD A.WHEATLEY COURT NO,t 12.3474 CIVIL'IURM KATHY A.WHEATLEY SERVE KATHY A,WHEATLFY AT: TYI'r OF ACTION 12713ARRY COURT XX Notice of ShcrNl"a Sate DAVENPORT,FL 33837.9377 SALR DATF; June S,2013 Served and made known to KAM A,WMATL.EY,Defendant on the_day of, _,• 20,-,at oclock_M.,at _ in the tnaoner described below: Defendant personally served, _Adult family member with whom Defendants)reside(s), 12cJatiotsitil>is Adult in charge of efcndants i id no Wrip rcfostxi t6 give hence or reladonship, _ 11 Tariager7Calerk ot`lalaa urlodgiiTP,in which Dufendunt(a)r side(s), _Ai;ent pr person-in Cllal;'e o Ua ridant'S uffcc or r>stial gilarct,CBusiness. -_ „„�M�,.,att�Ctiet:t�Csnitll`3afrntfant'srrnttpany. Description: tlge__� , height__,.,,,__Wciyhr Rncc Sex 1, u competent adult,beinL;duly.sworn according;to law,depose and state that I personally handed a true and correct copy of the Llo ce o'Sheri �s,Sale in Ole manner as set forth herein,issued in the captioned case on the date and at the address indicated above, Sworn to and subscribed before me this___day of �, 20- Notary:Notary fly: On the day of,� � ` 20f3 at 1 i_(?clock��M,I, 7� '..��`?( ;P;._._.•a competent adult hereby state that c en ant N�1'�Z50NDcettse; Vacant Doca Not Exist Moved �n 'i Ncx Reside(Nat Vacant) No Answer on _,•,_it _..,..._..•tti�. _Service Refusecy Uthet: ' ti%vnn+it5 +nilatll tr�t .ri ' r NP-321 day itch •clti.Ktlit+ ( �" tint`' 4, Notm•y: C1 t�tY lrt)IT1'LATNTTFf± _x YC�i. •,,,, Pl+alon liaUinun,1.LP toto/it f � 1617 JFK'Boulevard,Suite 1400 On.Penn Center Nam Philadelphia,PA 15103 ._ (215)563-7000 ;;, WAN DU LL `I '' Notary Publto,Stets of Florida MV commledoni ) No.DD 709939 EX -11 Al?FID V.rl't' F GOOD FAIrij INVESTIGATION File Number: 256845 Attorney Firm: Phelan Hallinan LL P subject: 1::)on.ald A.Wl�ttatley&Kathy A. Wheo-atlev Property Addross: <<":7�S'CY:st i:)ttal Ta ra Stre et,F ncala,:I'A 1:�t)25 Possible Il9:a il.ing Adda:egs: 2325 Bur.nway Road,I-faines City,FL 33814 I.CREDIT INFORMATION A. S00AI.SECURITY.NUMBER Our seal JA verified the following inforination to he true:and Correct: Donald A. Wheatley-xxx•xx-5725 Kathy A. Wheatley-xxx-xx-98,54: li. I~i�1.PI;t'7YI�1EN`I"SEAI.lC'f:l Dc3raalcl A,lvlfheatley&Kaffi Y Y.A. Wheatley -A revies v of thc,.croclic t c a?ur tiny; al'(I.t(:54 .l")rc'a i;led racy earn:alovuken.t information. C;. INCa3LARY O Our inquiry of creditors indicatt�cl Clint Dr�r,ald.A. Wheatley tz Katby A, Wlteaflk:!y reside(s) at;2325 Burnway.Road,Haines City,FL 3:3844: U..,INQUIRY 013 TELEPHONE C(-,)MI'ANY A, L)l CI l:C°l U.RY I;SI.S'Tr1NCE SLA'f�CI.-I Our office searc:lvd directory assistance databases,which had no.li;ti•ng for ()ortalci A.Mhc at'ley&Kathy A.Wheatley. ci,:fxetctary ass.isteance t?ataliases,avlaic'a hack aYO I:7hc>.nE numbei:s for Duinald A. Wheatley& (Cathy A.Whe<adoy, III. INQUIRY 011.NT:ICaI<;(t ORS On 04-19-13 m woffice made xa.Fhone(..all in an attea7apt to cow, ct:Rei,(a.ldo A>v=.l<:ts (717)73'2-7;30:1, 216 West Daul:hita Street:, Encta,PA`1702,5:disconaected, On 04-19-13 our office mane a phone call in an atte npt to,--'mltact Ci!(.auz I. Ka.(.aYatt r (7 UP)582-3599, 212 West Dataphin Street,Enola,PA 17025:disconnected, Oil 04-1,9. 1:3 olu,cafffix.anade.a phone i:all.ill on attea:alat.to rcax:atact M0i,s,sa I.. Ivfal'urlanik(717),02-0174,222 West"D uap.hi.n Strc-..et,'t:.�st I'i>:nrsbaro,PA 17025:spike wit h an unidentified female v ho could not;rmfi.rt a that t1-ji:;ttxbj('&,,rc:sia�.(s; 3t"?ltz 'Vest:Dauphin Street,Lnola,PA 1702.5. yaa 04,-'1 a l3 our office aaadc s{aceral fhiac ct,a s in,ar,at?:;�(nlat to ccarcta,:•t 13t•ouka. Valentine (863),153-8375,2335 Hurrrwcay.ltoced,tjetixaes City, FL 338311: ansmn ii)? aza<ackaine, On 04-19-13 our office made several pholle(!j[js 1r,all attealpt to Contact Chrisl'opher Tripp (863)419-9320,2318 Burnway Road.,Hain L,6 City,FL 33844:answering xnacmne. On 04-19-13 our office made several phone calls in at)attempt to contact Terry Lowery (863)852.-,•9839,2,127 Burwway Road,Hai:ncs(,ity,F1,33844:nn answer, T.V. ADDRESS INQUIRY A. NATIONAL,ADDRESS UPDAIT, 00.,04-19-13 we reviewed tho Nationa].Addre,"database and found thc,.following ,'fly A, Wheatley-2325 Burnway.Rood, information:Donald.A,Wheatley&Ka� 1A. I'la ines City,'rL 33844. T.3. ADDITIONAL ACTIVE MA[LING ADDRESSES PCIT'Our inqyby of creditors,the following is posisible mailing address:22325 Burrtwq Road,Iixhle5 City,FL 33844, V.OTHEUR INQUIRIES A. [)EiM'-,J"RECORD5 As of 04-19•13 Vital Rec.ordsi and all public databasos'have-nn dopfh reco:td.on file[or Donald A. Wheatley &-Kathy.A.Wheatley. V1,ADDTTIONAT.INFORMATION OF SUBJECT A, YEAR OF BtRTPI 1-Donald A.Wheatley-1.964 Kathy A. Wheatley-1962 B, A.K.A. Donald Alan Wheatley;Domid A.Wheafloy)r. Kathy y Ann Whe.afley,Kathy A.Bulip Our acccssible databases have been checked and crass-referenced for the above named individual(s). Please be advised our database inforn-tation indicates the subject Tesidesat the current address. I hereby verify that the statemerl ts mado herein wre trm,4 and correct to the best of illy kn.owledge,ioforwarion and Wief and that this affidavit of investigation is matte Subject to tile,penalties of'18 Pa C.S.Sec.1904 relating to onsworn fatsification to authorities. .ovl we dig:oolvY;�H: r,e EXHIBIT GL�)9 Name and Phelan Hallinan,LLP Address 1617 JFK Boulevard,Suite 1400 Of Sender One Penn Center Plaza o Philadel hia,PA 19103 LXH Line Article Number Name of Addressee,Street,and Post Office Address Poste 1 **** DONALD A.WHEATLEY $0.45 u iI) 218 WEST DAUPHIN STREET ah ENOLA,PA 17025-2209 t p 2 **** DONALD A.WHEATLEY $0.45 cod 2325 BURNWAY RD HAINES CITY,FL 33844-6718 . . 3 **** KATHY A.WHEATLEY $0.45 s 2325 BURNWAY RD ,� HAINES CITY,FL 33844-6718 KATHY A.WHEATLEY 218 WEST DAUPHIN STREET ENOLA,PA 17025-2209 ca "� RE:DONALD A.WHEATLEY(CUMBERLAND). TEAM 4 PHS#256845/1021 Page 1 of 1 $1.35 Total Number of Total Number of Pieces Postmaster,Per(Name of The full declaration of Glue is required on all domestic and international registered mail.The maximum iudetunily payable Pieces Listed by Sender Received at Post Office Receiving Employee) for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is$50,000 per piece subject to a limit of 5500,000 per occurrence. The maximum indemnity payable on Express Marl merchandise is$500. The maximum indemnity payable is$25,000 for registered mail,sent with optional insurance. See Domestic Mail Manual 8900 5913 and 5921 for limitations of revera�e.. Form 3877 Facsimile 256845 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail lily.haina@Dhelanhaflinan.com LILY HAINEY, Legal Assistant,Ext. 1401 Representing Lenders in Service Department Pennsylvania May 10, 2013 KATHY A. WHEATLEY 218 WEST DAUPHIN STREET ENOLA, PA 17025-2209 RE: JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC v. DONALD A. WHEATLEY and KATHY A. WHEATLEY Premises Address:218 WEST DAUPHIN STREET,ENOLA,PA 17025-2209 CUMBERLAND County,No. 12-3474 CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by MAY 17, 2013. Should you have any further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very 0"t ul.y yours, L.1 1=]AMEY,Legal;As is ujs f: �relan Hallinan,LLP 256845 i Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail lily.hainey@-ohelanhallinan.com LILY HAINEY, Legal Assistant, Ext, 1401 Representing Lenders in Service Department Pennsylvania May 10,2013 KATHY A. WHEATLEY 2325 BURNWAY RD HAINES CITY, FL 33844-6718 RE: JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE,LLC v. DONALD A. WHEATLEY and KATHY A. WHEATLEY Premises Address: 218 WEST DAUPHIN STREET,ENOLA,PA 17025-2209 CUMBERLAND County,No. 12-3474 CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by MAY 17, 2013. Should you have any further questions or concerns,please do not hesitate to contact me. Q tlier..'4SC please be guided accordingly. ry r., y yours, UY I A(N,„.Y,Legal Assistant for elan Hallinan,LLP 256845 r Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail lity.hainey@phelanhallinan.com LILY HAINEY,Legal Assistant, Ext. 1401 Representing Lenders in Service Department Pennsylvania May 10,2013 DONALD A. WHEATLEY 218 WEST DAUPHIN STREET ENOLA,PA 17025-2209 RE: JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC v. DONALD A. WHEATLEY and KATHY A. WHEATLEY Premises Address: 218 WEST DAUPHIN STREET,ENOLA,PA 17025-2209 CUMBERLAND County,No. 1,2-3474 CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy ofmy proposed Motion for Special Service and Order. In accordance with CUMBERLAND,County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by MAY 17, 2013. Should you have any further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. vi 'al,y yours, BAIBl',Legal A sistant f r,flhclan Hallinan,LLP 256845 7 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 21.5-568-7616 E-mail lil .haine helanhallinan.com LILY HAINEY, Legal Assistant, Ext. 1401 Service Department Representing Lenders in May 10, 2013 Pennsylvania DONALD A. WHEATLEY 2325 BURNWAY RD HAINES CITY, FL 33844-6718 RE. IPMORGAN CHASE BANK,NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC v. DONALD A. WHEATLEY KATHY A. WHEATLEY and Premises Address: 218 WEST DAUPHIN STREET,ENOLA PA CUMBERLAND County,No. 12-3474 CIVIL TERM 17025-2209 Dear Defendants, Enclosed please find a true and correct copy of m and Order. In accordance with CUMBERLAND County Local Rule 208.3(9),I am seeking concurrence with the requested relief that is, S ecial y proposed Motion for Special Service week, by MAY 17,2013. p Service. Please respondto me within one bShould you have any further questions or concerns,please do not hes' 'tJ I I ise,please be guided accordingly, hate to contact me. VLfi Iy Yours, L 14AINeY,Legal Ass'ista�jit f Phelan Hallinan,LLP 256845 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CIVIL DIVISION CHASE HOME FINANCE, LLC NO. 12-3474 CIVIL TERM Plaintiff V. DONALD A. WHEATLEY KATHY A. WHEATLEY Defendants ORDER C) day of 2013, � -_er) AND NOW,this of 7 C) Z-C= consideration of Plaintiffs Motion for Service of Notice of Sale Pursuant to Special (Ader-of < Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendants DONALD A. WHEATLEY and KATHY A. WHEATLEY by: REGULAR MAIL TO DONALD A. WHEATLEY and KATHY A. WHEATLEY at 218 WEST DAUPHIN STREET,ENOLA,PA `17025-2209 and 2325 BURNWAY ROAD, HAINES CITY, FL 33844-6718 Service by mail is complete upon the date of mailing CERTIFIED MAIL TO DONALD A. WHEATLEY and KATHY A. WHEATLEY at 218 WEST DAUPHIN STREET, ENOLA, PA 17025-2209 and 2325 BURNWAY ROAD, HAINES CITY, FL 33844-6718 Service by mail is complete upon the date of mailing POSTING 218 WEST DAUPHIN STREET,ENOLA, PA 17025- 2209 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). B U . V J. 01 PHS #256845 Cr -Eta-Ol"'- APhelan llison F. Zuckerman, Es q., Id. No.309519 Attorney for Plaintiff THE PRO T HON'T r 1617 JFK Boulevard, Suite 1400 z0�3 S'P —3 �� S' One Penn Center Plaza C"BERL l allison.zuckerman @phelanhallinan.com PE AS Y�A MIA � 215=563-7000 JPMORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, CIVIL DIVISION LLC NO. 12-3474 CIVIL TERM Plaintiff CUMBERLAND COUNTY V. DONALD A. WHEATLEY KATHY A. WHEATLEY Defendants MOTION FOR POSTPONEMENT OF SHERIFF'S SALE -Plaintiff, by its counsel, Phelan Haliinan, LLP, petitions this Honorable Court for a postponement of its Sheriff s Sale scheduled in the above captioned matter and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property known as 218 WEST DAUPHIN STREET, ENOLA, PA 17025-2209 involved herein has been scheduled for October 2, 2013. 2. Plaintiff has been unable to have the Notice of Sale served upon the Defendants at least thirty days prior to the sale, as required by Pennsylvania Rule of Civil Procedure 3129.2. 3. A two month postponement of the Sheriff s Sale will allow Plaintiff a sufficient amount of time to have the notice of Sheriffs Sale served upon the Defendants. - 4. A brief postponement of the Sheriffs Sale will not prejudice Defendants and will, in fact, inure to their benefit. PH#750679 5. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff attempted to obtain concurrence regarding its Motion to Postpone Sheriff s Sale. Plaintiff scounsel attempted to reach Defendants via telephone on August 29, 2013 at however, the number has been disconnected. Plaintiffs counsel attempted to reach Defendant DONALD A. WHEATLEY via telephone on August 29, 2013 at and left a voice message. Plaintiffs counsel attempted to reach Defendant DONALD A. WHEATLEY via telephone on August 29, 2013 at and left a voice message. Defendants have not responded. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge entered an order for`Q �d Q-4 r-n 1J�2�13 atACA crl cv�t�-v' ' S(Le�`2vl �e�nT fir' e�?��•� 2 mot, o l 3, WHEREFORE,Plaintiff respectfully requests that the Sheriff s Sale of the mortgaged premises be continued to December 4, 2013. Phelan Hallin , Date: Augustlt 2013 By: son e , Esq., Id.No.309519 Attorne or Plaintiff PH#750679 Phelan Hallinan, LLP Attorney for Plaintiff Allison F. Zuckerman, Esq., Id.No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, CIVIL DIVISION LLC NO. 12-3474 CIVIL TERM Plaintiff CUMBERLAND COUNTY V. DONALD A. WHEATLEY KATHY A. WHEATLEY Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO POSTPONE SHERIFF'S SALE Pursuant to Pennsylvania Rule of Civil Procedure 3129.2, it is necessary in a foreclosure action for the notice of sale to be served upon the Defendants. If the Defendants whereabouts are unknown, a reasonable investigation of the whereabouts must be made and a petition filed with the Court seeking alternative service of the notice of sale. Pa. R.C.P. 3129. 2 (c) provides in part: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by rule 3129.1. 1. Service of the notice shall be made (i) upon a defendant in the judgment who has not entered an appearance and upon the owner of the property by the sheriff or by a competent adult in the manner PH#750679 prescribed by Rule 402(a) for the service of original process upon a defendant, or by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or if service cannot be made as provided in subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court... Plaintiff has been unable to complete service of the notice within the time required by the rules and as a result, a continuation is necessary. WHEREFORE,Plaintiff respectfully requests a two month continuance of the Sheriff s Sale of the mortgaged premises to the December 4, 2013 Sheriffs Sale. Phel allinan Date: August 2013 A lison F. Zu erman, q., Id.No.309519 Attorney for Plaintiff PH#750679 Phelan Hallinan, LLP Attorney for Plaintiff Allison F. Zuckerman, Esq., Id.No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, CIVIL DIVISION LLC : NO. 12-3474 CIVIL TERM Plaintiff CUMBERLAND COUNTY V. DONAI D A. WHEATLEY KATHY A. WHEATLEY i f Defendants CERTIFICATION OF SERVICE I I hereby certify that true and correct copies of the Motion to Postpone Sheriff's Sale relative to the above matter and Memorandum of Law have been sent via first class mail to the i individuals indicated below on August 29, 2013. DONALD A. WHEATLEY 2325 BURNWAY RD HAINES CITY, FL 33844-6718 KATHY A. WHEATLEY 2325 BURNWAY RD HAINES CITY, FL 33844-6718 Phel all' Date: Augusta 2013 By: A i n F. Z sq., Id.No.309519 Attorney for Plaintiff PH#750679 1\ r .r h 5... r•r� i N 13 SE? 13 Arl S. 5 B CLIMB�R�YL�I�COUNTY PE 1A JPMORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE,LLC : . CIVIL DIVISION Plaintiff NO. 12-3474 CIVIL TERM V. CUMBERLAND COUNTY DONALD A. WHEATLEY KATHY A. WHEATLEY Defendants t: ORDER AND NOW,this f day of September 2013,after consideration of Plaintiff's Motion to Postpone Sheriff's Sale of the mortgaged property, it is hereby ORDERED that the sale of 218 WEST DAUPHIN STREET,ENOLA,PA 17025-2209 is postponed two months to the Sheriff's Sale scheduled for December 4,2013. No further advertising or additional notice to lienholders or Defendants is required. However,the Sheriff is directed to announce the continuation to the assembled bidders and Plaintiff is to forward a copy of this Order to Defendants via first class mail. BY THE COURT: J. PH#750679 DISTRIBUTION LEGEND JOSEPH SCHALK,ESQUIRE ATTORNEY I.D.NO. 91656 Phelan Hallinan,LLP 126 LOCUST STREET HARRISBURG,PA 17101 TEL: (215)563-7000 FAX: (215)563-8656 Joseph.Schalk @fedphe.com ONALD A. WHEATLEY KATHY A.WHEATLEY 218 WEST DAUPHIN STREET ENOLA,PA 17025-2209 PH#750679 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson _ Sheriff Jody S Smith 'a Chief Deputy Richard W Stewart t OFF OF THE SHERIFF Solicitor JP Morgan Chase Bank, NA _ Case Number vs. 2012-3474 Donald A. Wheatley(et al.) SHERIFF'S RETURN OF SERVICE 04/03/2013 10:43 AM -Deputy Shawn Harrison, 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 218 West Dauphin Street, East Pennsboro-Township, Enola, PA 17025, Cumberland County. 05/03/2013 As directed by Joseph P. Schalk,Attorney for the Plaintiff, Sheriffs Sale Continued to 9/4/2013 08/12/2013 As directed by Joseph Schalk,Attorney for the Plaintiff, Sheriffs Sale Continued to 10/2/2013 09/10/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $1,533.27 SO ANSWERS, October 29, 2013 RbNNrY R ANDERSON, SHERIFF ,� �S' ,mod • C�� X36 (c)CountySuite Sheriff:Teleosnft.Inc. On March 12, 2013 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 218 West Dauphin Street, Enola, Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 12, 2013 By: Vl Estate Coordinator �,— CZ w Niel f SHORT DESCRIPTION By virtue of a Writ of Execution NO. 12-3474 CIVIL TERM JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE,LLC vs. DONALD A. WHEATLEY KATHY A.WHEATLEY owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania,being (Municipality) 218 WEST DAUPHIN STREET,ENOLA,PA 17025-2209 Parcel No. 09-14-0832-198 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $103,164.46 Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land,situate in the township of East Pennsboro,County of Cumberland,Commonwealth of Pennsylvania,more particularly bounded and described as follows,to wit: BEGINNING in the Southerly line of Dauphin Street at the distance of two hundred and eight feet and one hundred and sixty thousandths of a foot measured Westwardly along said line of Street,from the Northwesterly extremity of the arc or curve having a radius of ten feet connecting the said line of Dauphin Street with the Northwesterly line of Summit Road;thence by lands of W.L.Troup and passing through the middle of the party wall between the dwelling house on this lot and the dwelling house on the lot adjoining to the East,South ten(10)degrees twenty(20)minutes East one hundred and five(105)feet and there hundred and eighty-seven thousandths of a foot to a point at land formerly of B.J.Passmore;thence South fifty(50) degrees eighteen(18)minutes two(2)seconds and seventy-two hundredths of a second West twenty-two(22) feet nine hundred and forty-eight thousandths of a foot to a point a land of H.C.Rogers;thence North ten(10) degrees twenty(20)minutes West one hundred and sixteen(116)feet and six hundred and forty-two thousandths of a foot to Dauphin Street;thence by said Street North seventy-nine(79)degrees forty(40) minutes East twenty(20)feet to the place of BEGINNING. UNDER AND SUBJECT,nevertheless,to easements,restrictions,reservations,conditions,and rights-of- way of record. TITLE TO SAID PREMISES VESTED IN Donald A. Wheatley and Kathy A. Wheatley,h/w,by Deed from Helen E. Smith, single woman,by her Power of Attorney,Joyce M. Yocum,dated 05/15/2007,recorded 06/27/2007 in Book 280,Page 3348. PREMISES BEING:218 WEST DAUPHIN STREET,ENOLA,PA 17025-2209 PARCEL NO.09-14-0832-198 r CUMBERLAND LAW JOURNAL Writ No. 2012-3474 Civil JP MORGAN CHASE BANK, NA vs. DONALD A.WHEATLEY, Kathy A.Wheatley Atty.:Joseph P. Schalk By virtue of a Writ of Execution NO. 12-3474 CIVIL TERM, JP- MORGAN CHASE BANK,NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FI- NANCE,LLC vs.DONALD A.WHEAT- LEY,KATHY A.WHEATLEY owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO,Cumberland County, Pennsylvania, being 218 WEST DAUPHIN STREET, ENOLA, PA 17025-2209. Parcel No. 09-14-0832-198. Improvements thereon:RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT:$103,164- .46. 83 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: April 12, April 19 and April 26, 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. sa ar'e Coyne, E itor SWORN TO AND SUBSCRIBED before me this 6 dav of April, 2013 Notary NU TARiA EA'L DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries -717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania,with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book°M",Volume 14, Page 317. PLOSLICATION COPT This ad ran on the date(s)shown below: 04/16/13 "N 04123/13 04/23/13 04/30/13 By uiFC�u of a , NO'.1�- ec4tion .� . . . . . . . . . . . . . .-: . . . . . . . . . . . Ex �M AA Swor4oa subscribed before this 13 WER da of May, 2013 A.D. NATrt3NAL Y SUGC1sSi�R3Y' Q� HOML�IAN�E,'I..LC, IMMAt,nkVjj,',fg'rcEy" r7 Public h°¢ P CtmUerlir t (M ) CoMMaluwAr_►r of �tir�rlsylv�riza 218 AU,P�iil�t$1 ENOLA; Notarial seat Public PA 17;2209. both/Lynn Warfel, r`! Parcol'Na.O9`1#0832 3 ' ' ' ' Washington 7wp., hin County (Acreagp pr f eet Wdres§) My Commission Expires Dec• IttVroviimmu " MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES f X , .116