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HomeMy WebLinkAbout12-3854 i 4LJ CC't3 PHELAN HALLINAN & SCHMIEG, LLP Mario J. Hanyon, Esq., Id. No.203993 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 255789 JPMorgan Chase Bank, National Association, successor in interest by purchase from the Federal Deposit Insurance Corporation as Receiver of Washington Mutual Bank f/k/a Washington Mutual Bank, FA 7255 BAYMEADOWS WAY JACKSONVILLE, FL 32256 Plaintiff V. ANNE L. COPPES 578 E STREET CARLISLE, PA 17013-1336 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM 6(vil NO. ia 38sY CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 255789 (3) are:!' 16 s.7s? aHy C?H 114Aq 8? ? 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 #: 255789 Plaintiff is JPMorgan Chase Bank, National Association, successor in interest by purchase from the Federal Deposit Insurance Corporation as Receiver of Washington Mutual Bank f/k/a Washington Mutual Bank, FA 7255 BAYMEADOWS WAY JACKSONVILLE, FL 32256 2. The name and last known address of the Defendant are: ANNE L. COPPES 578 E STREET CARLISLE, PA 17013-1336 who is the mortgagor and real owner of the property hereinafter described. On 09/21/2007 ANNE L. COPPES made, executed and delivered a mortgage upon the premises hereinafter described to WASHINGTON MUTUAL BANK, FA, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Instrument No. 200737109. 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 05/01/2010 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 fi: 255789 6 The following amounts are due on the mortgage as of 03/15/2012: Principal Balance $152,533.94 Interest $16,797.61 04/01/2010 through 03/15/2012 Late Charges $274.96 Property Inspections $228.55 Property Preservation $1,533.20 Escrow Deficit $13,351.27 TOTAL $184,719.53 7 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has 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 on the dates set forth thereon. File #: 255789 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant in the sum of $184,719.53, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: Mario J. Hanyon, Esquire Attorney for Plaintiff File #: 255789 LEGAL DESCRIPTION All that certain tract of land situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania bounded and described as follows; Beginning at a point on the southern side of E Street, said point being the northeastern corner of Lot No. 89 of the Plan of Part of the Diehl Tract as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book Volume 11, page 16; thence by the southern side of E Street South 87A° 30' East, 28.82 feet to a point; thence by the same of a curve to the right having a radius of 303.57 feet a distance of 50.25 feet to a point; thence by the same South 78A° F East, .93 feet to a point; thence by Lots Nos. 87 and 86 of the hereinafter mentioned plan of lots, South 4A° 48' West, 153.89 feet to a point; thence North 76A° 31' West, 74.95 feet to a point, the southeastern corner of Lot No. 89 aforesaid; thence by the eastern side of said Lot North 2A° 30' East, 143.79 feet to the place of beginning. Being Lot No. 88 of the Plan of Lots known as Part of the Diehl Tract which Plan is recorded in said Recorder's Office in Plan Book 12, page 27. Being designated as Tax Parcel Number 06-19-1645-037. PROPERTY ADDRESS: 578 E STREET, CARLISLE, PA 17013-1336 PARCEL # 06-19-1645-037 File #: 255789 VERIFICATION Si` lvi t glob" , hereby states that he/she is Vice Pre-si dchf of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information, and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: Selvir Lokmic DATE: =5- 1 Z l Z We President Title: 4. JPMORGAN CHASE BANK, NATIONAL ASSOCIATION File#: 255789 Name: COPPES File #' 255789 FORM 1 IN THE COURT OF COMMON PLEAS JPMorgan Chase Bank, National Association, OF CUMBERLAND COUNTY, PENNSYLVANIA successor in interest by purchase from the Federal Deposit Insurance Corporation as Receiver of Washington Mutual Bank f/k/a Washington Mutual _ - " - - Bank, FA Plaintiff(s) vs. ANNE L. COPPES c` Defendant(s) Civil 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 a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact Mi(Penn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal represetative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed 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 tomeet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date Mario J. Hanyon, Esquire Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. 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: Type of Loan: Loan Number: State: Zip: Yes ? No ? Listing date: Price: $ Realtor Phone: Yes ? No ? Home: Cell: State: _Zip: Office: Other: How long? State: -Zip: Home: Cell: How long? Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Date of Last Payment: Included Taxes & Insurance: Office: Other: 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 42: Model: Amount owed: Value: Other transportation (automobiles, boats, motorcvcles): Model: Year: Amount owed: Value Year: Year: Monthly Income Name of Employers: 1. Monthly Gross 2. Monthly Gross 3. Monthly Gross Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Monthly Net Monthly Net. Monthly Net Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2°a Mortgage Utilities Car Pa ment(s) Condo/Nei h. Fees _ Auto Insurance Med. not covered) Auto fuel/re airs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Money Da /Child Care/Twit. 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): Fax: Email: 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 known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Servicing Company (Name): Contact: Phone: 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 counseling services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 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) FORM 3 JPMorgan Chase Bank, National Association, successor in interest by purchase from the Federal Deposit Insurance Corporation as Receiver of Washington Mutual Bank f/k/a Washington Mutual Bank, FA Plaintiff(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL vs. ANNE L. COPPES Defendant(s) REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated , 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel/Appointed Legal Representative Signature of Defendant Signature of Defendant Date Date Date FORM 4 : IN THE COURT OF COMMON PLEAS OF JPMorgan Chase Bank, National CUMBERLAND COUNTY, PENNSYLVANIA Association, successor in interest by purchase from the Federal Deposit CIVIL ACTION Insurance Corporation as Receiver of Washington Mutual Bank f/k/a NO. Washington Mutual Bank, FA Plaintiff(s) vs. ANNE L. COPPES Defendant(s) CASE MANAGEMENT ORDER AND NOW, this day of , 2012, the defendant/borrower in the above-captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on at M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT J. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy .l THL PROTNCi11-1 Alit f ? JAL _ 3 PM 1: 22 Richard W Stewart Solicitor °)" CE - - - rU; 9 E:RLA, ND COUNTY PENNS`?LVANIA JP Morgan Chase Bank, NA vs. Anne L. Coppes Case Number 2012-3854 SHERIFF'S RETURN OF SERVICE 06/25/2012 08:02 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to I states that on June 25, 2012 at 2002 hours, he served a true copy of the within Complaint in Mortga a oreclosure, upon the within named defendant, to wit: Anne L. Coppes, by making known unto herself ers nally, at 578 E. Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents a t sa a time handing to her personally the said true and correct copy of the same. t il/ C ,DEPUTY 06/28/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Anne L. Coppes, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Anne L. Coppes. Request for service at 223 W. Ridge Street, Carlisle, Pennsylvania 17013 the Defendant was not found. Anne L. Coppes currently resides at 578 E Street, Carlisle, Pennsylvania 17013. SHERIFF COST: $61.00 SO ANSWERS, June 28, 2012 RONW R ANDERSON, SHERIFF JPMorgan Chase Bank, National Association, successor in interest by purchase from the Federal Deposit Insurance Corporation as Receiver of Washington Mutual Bank f/k/a Washington Mutual Bank, FA 7255 BAYMEADOWS WAY JACKSONVILLE, FL 32256 Plaintiff V. COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 12-3854 CIVIL CUMBERLAND COUNTY, , ANNE L. COPPES c C? rz 578 E STREET {- CARLISLE, PA 17013-1336 rte" Defendant .U'?3> ao _ ENTRY OF APPEARANCE `7 TO THE PROTHONOTARY: -4 W rv Kindly enter my appearance as counsel for the defendant, Anne L. Coppes in the above captioned action. Law Office of Shane H. Hobbs By: - Shane H. Hobbs 4 South 2nd Street, #303 Pottsville, PA 17901 570.628.2806 hobbs.law@verizon.net Bar I.D. # 312903 Attorney for Defendant rr? o o-r c t..., FORM 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN: Plaintiff(s) c? VS. C= c . , { rn ? y S " n r - Defendant(s) I CIVIL r ? co ?v 310 3- REQUEST FOR CONCILIATION CONFERENCE c Pursuant to the Administrative Order dated, 2012 governing the Cuu-$erld County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: I . Defendant is the owner of the real property which is the subject of this foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904 relating unsworn falsification to authorities. Signature of Defendant.- ounsel/Appointed Legal Representative Signature of Defendant Signature of Defendant Date Date Date C- M.1 C> r m. v id <? Jul 16 12 01:42p CCA 717-249-2710 p.2 i JPMorgan Chase Bank, National Association, successor in interest by purchase from the Federal Deposit Insurance Corporation as Receiver of Washington Mutual Bank fWa Washington Mutual Bank, FA Plaintiff(s) VS. ANNE L. COPPES Defendant(s) FORM 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA rL_ WI CIVIL REQUEST FOR CO„NfC L1ATIUN CONFERENCE Pursuant to the Administrative Order dated 42h?54 C-rlf atr) 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. 1 understand that false statements are made subject to the penalties of 19 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Signature of Defe 's Counsel/Appointed Legal Representative _ 11,x„ U, . : Signature of Defendant Signature of Defendant --) - (6 - 1-0 11 Date 2- /& - .1111/`2 Date Date FORM 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) CIVIL ACTION VS. NO. Defendant(s) CASE MANAGEMENT ORDER AND NOW, this day of , 20 , the defendant/borrower in the above-captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on at M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiffllender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. CERTIFICATE OF SERVICE I, Shane H. Hobbs, , attorney for Anne L. Coppes, have on the date indicated below, served by mail a true copy of the Request for Conciliation Conference by United States Postal Service Regular Mail to the Plaintiff's Attorney Mario J. Hanyon, Esq., PHELAN HALLINAN & SCHMIEG, LLP, 1617 JFK Boulevard, Suite 1400, One Penn Center Plaza, Philadelphia, PA 19103 Executed on July 2012, I declare under penalty of perjury that the forgoing is true and correct. Respectfully submitted, Shane H. Hobbs, Esq. JPMORGAN Chase Bank National IN THE COURT OF COMMON PLEAS OF Association, successor in interest CUMBERLAND COUNTY, PENNSYLVANIA by purchase from the Federal Deposit Insurance Corporation as Receiver of Washington Mutual Bank f/k/a/Washington Mutual CIVIL ACTION Bank, FA, NO. 12-3854 CIVIL Plaintiff VS. ANNE L. COPPES, Defendant MORTGAGE FORECLOSURE ORDER AND NOW, this /b day of April, 2013,the defendant having failed to appear for the Court-supervised conciliation conference set for this date, this case is removed from the Mortgage Conciliation Program and the stay entered in this case is terminated. BY THE COURT, Kevin/A. Hess, P. J. Troy Sellars, Esquire / For the Plaintiff ,,..,XShane H. Hobbs, Esquire 4 South 2nd Street, #303 Pottsville, PA 17901 For the Defendant :rlm m LL FILED-OFD'ICS OF THE PROTHONOTARY PHELAN HALLMAN, LLP 2913 JUN ; hM 10: 04ttorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK,NATIONAL CUMBERLAND COUNTY ASSOCIATION,SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT COURT OF COMMON PLEAS INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A CIVIL DIVISION WASHINGTON MUTUAL BANK,FA No.12-3854-CIVIL. VS. ANNE L.COPPES 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 ANNE L. COPPES, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $184,719.53 TOTAL $184,719.53 I hereby certify that (1) the Defendant's last known address is 578 E STREET, CARLISLE, PA 17013-1336, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date cz Adam H. Davis, Esq., Id. No.203034 i Attorney for aintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS#255789 PROTHONOTARY aMn %1U.st�d a m /3/&' 255789 s PHELAN HALLINAN, LLP Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK,NATIONAL CUMBERLAND COUNTY ASSOCIATION,SUCCESSOR IN INTEREST BY : COURT OF COMMON PLEAS PURCHASE FROM THE FEDERAL DEPOSIT . INSURANCE CORPORATION AS RECEIVER CIVIL DIVISION OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK,FA No.12-3854-CIVIL VS. ANNE L. COPPES AFFIDAVIT OF NON-MILITARY SERVICE 1 The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant ANNE L. COPPES is over 18 years of age and resides at 578 E STREET, CARLISLE, PA 17013-1336. This statement is made subject to the penalties of 1.8 Pa. C.S. Section 4904 . relating to unsworn falsification to authorities. Date Phelan Hallinan,LL Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1.400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 255789 ; Department of Defense Manpower Data Center Results as of:Jun-07-2013 12:09:05 SCRA 3.0 Status Report Yz: Pursuant to Servicemcmbm Civil Relief Act Last Name: COPPES First Name: ANNE Middle Name: L Active Duty Status As Of: Jun-07-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or HislHer Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her 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. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. 44%� 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 CUMBERLAND COUNTY ASSOCIATION,SUCCESSOR IN INTEREST BY PURCHASE FROM THE COURT OF COMMON PLEAS FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A CIVIL DIVISION WASHINGTON MUTUAL BANK, FA No. 12-3854-CIVIL VS. ANNE L. COPPES Notice is given that a Judgment in the above.captioned matter has been'entered " against you on lip By:' If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103. 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. 255789 JPMorgan Chase Bank, National Association, COURT OF COMMON PLEAS successor in interest by purchase 6^01)1 the_Federal CIVIL DIVISION Deposit Insurance Coj,pc),ra€ic}n t I cc:eivcr ctt Washington Mutual I'3 d I'Ahl Wash.in"ton NO. 12-3854-CIVIL Mutual Bank,FA V. Plaintiff CUMBERLAND COUNTY ANNE L.COPPES TO: ANNE L.COPPES Defendant(s) 578 E STREET CARLISLE,PA 17013-1336 DATE OF NOTICE,: THIS T=iRM IS A DEBT COLLECTOR ECTOR AT`I -tv1 l ING I'(1 C:CIt:i.I C'1'A I?I B I'. `l"l1.iS NOT[t til NT?`C1 1'C`JC.r IN ANA 1 1"E,1fiPT`t`(�) tr OLi E(71 '3'I-llw 1:i�1.Cl 713Tt l�N ESS itE;FEIZRE1 D TO HERENK AND ANY INFORMATION Oj3IAIRtIiI) FROM YOU WILL BE UST31) f�Olz. I.1 AT PIJRPOSF, IF Y'OU HAVE PREVIOUSLY RfX-1I-1VFT,) A DISC I-IARGE IN� [3ANKIZHP`P(`y TI1IS C(' RIUR SPONDLNCI, IS NOT AND SHOI.I.1-1) NOT I3I: CONSTRUED "ICI I3F AN PRCP RTY. O .bENT OI > 3N AC A �ST A'rrE,MI'I' "lO CO LLECT A IJ,-,3"i' BUT ONLY E 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• JUDGMENT AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse 1 Courthouse Square ASSOCIATION CUMBERLAND COUNTY COURTHOUSE Carlisle, 1 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By:AlatkI1,111 I obb,&11;s Id. No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#255789 JPMorgan Chase Bank, National Association, COURT OF COMMON PLEAS successor in interest by purchase from the Federal CIVIL DIVISION Deposit Insurance Corporation as Receiver of Washington Mutual Bank f/k/a Washington NO. 12-3854-CIVIL Mutual Bank,FA Plaintiff CUMBERLAND COUNTY V. ANNE L.COPPES Defendant(s) TO: ANNE L. COPPES C/O SI4ANE H.HOBBS,ESQUIRE 4 SOUTH 2ND STREET,STE 303 POTTSVILLE,PA 17901 DATE OF NOTICE:. . THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU W AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN .BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE .IN WRITING WITH TIME 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, T141S OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ' ASSOCIATION . 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: .164allian Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza PHS#255789 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,SUCCESSOR COURT OF COMMON PLEAS IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON CIVIL DIVISION MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK,FA Plaintiff NO.: 12-3854-CIVIL V. CUMBERLAND COUNTY ANNE L. COPPES Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due $184,719.53 Interest from 06/11/2013 to Date of Sale $5,373.72 ($30.36 per diem) L TOTAL $190,093.25 C� www`r Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Note: Please attach description of property. PHS#255789 t�t co auk C CD bo 1 a 4 a �`, ,�S I T_Ssl� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF_WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK,FA Plaintiff ANNE L. COPPES ' Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Filed: j Address where papers may be served: ANNE L.COPPES Phelan Hallinan,LLP 578 E STREET r. Adam H.Davis,Esq.,Id.No.203034 CARLISLE,PA 17013-1336 Attorney for Plaintiff LEGAL DESCRIPTION All that certain tract of land situate in the Fifth Ward of the Borough of Carlisle. Cumberland County. Pennsylvania bounded and described as follows; Beginning at a point on the southern side of E Street, said point being the northeastern corner of Lot No. 89 of the Plan of Part of the Diehl Tract as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book Volume 11,page 16;thence by the southern side of E Street South 87°30' East,28.82 feet to a point;thence by the same of a curve to the right having a radius of 303.57 feet a distance of 50.25 feet to a point;thence by the same South 78° F East, .93 feet to a point;thence by Lots Nos. 87 and 86 of the hereinafter mentioned plan of lots, South 4°48'West, 153.89 feet to a point;the North 76°31' West, 74.95 feet to a point,the southeastern corner of Lot No. 89 aforesaid;thence by the eastern side of said Lot North 20 30'East, 143.79 feet to the place of beginning. Being Lot No. 88 of the Plan of Lots known as Part of the Diehl Tract which Plan is recorded in said Recorder's Office in Plan Book 12, page 27. TITLE TO SAID PREMISES IS VESTED IN Anne L. Coppes, unmarried, by Deed from Robert A. Yeingst, a married man, dated 09/21/2007, recorded 09/25/2007 in Instrument Number 200737108. PREMISES BEING: 578 E STREET,CARLISLE,PA 17013-1336 PARCEL NO. 06-19-1645-037 PHELAN HALLINAN, LLP Attorneys for Plaintiff Adam H. Davis, Esq., Id. No.203034 (= T HE t 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza 2 13 JM Philadelphia, PA 19103 215-563-7000 NJj L .\JAH A JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, COURT OF COMMON PLEAS SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS CIVIL DIVISION RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK,FA NO.: 12-3854-CIVIL Plaintiff . V. CUMBERLAND COUNTY ANNE L. COPPES Defendant(s) CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled (X) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 •Attorney for Plaintiff ly �� JPMORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS ASSOCIATION, SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT CIVIL DIVISION INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON NO.: 12-3854-CIVIL MUTUAL BANK,FA Plaintiff CUMBERLAND COUNTY V. ANNE L. COPPES Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK,FA,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 578 E STREET,CARLISLE,PA 17013-1336. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) ANNE L.COPPES 578 E STREET, CARLISLE,PA 17013-1336 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) ANNE L.COPPES 578 E STREET CARLISLE,PA 17013-1336 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) WASHINGTON MUTUAL BANK 7255 BAYMEADOWS WAY JACKSONVILLE,FL 32256 WASHINGTON MUTUAL BANK 701 MARKET STREET C/O MICHAEL T.MCKEEVER,ESQUIRE SUITE 500-MELLON INDEPENDENCE CENTER PHILADELPHIA,PA 19106 C CS 4. Name and address of last recorded holder of every mortgage of record: 'C7 w t Name Address(if address cannot be Z M C_ reasonably ascertained,please indicate) V None. © O 5. Name and address of every other person who has any record lien on the property: -� -7 Name Address(if address cannot be z�t reasonably ascertained,please indicate) Ate Ott None. C�o -i% PHS #255789 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 578 E STREET CARLISLE,PA 17013-1336 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 ANNE L.COPPES 4 SOUTH 2ND STREET C/O SHANE H.HOBBS,ESQUIRE STE 303 POTTSVILLE,PA 17901 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. r Date: �Iaz By L/`'/�-Ff:,8NZ dY�t Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PHS #255789 t r JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, COURT OF COMMON PLEAS SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS CIVIL DIVISION RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK, FA NO.: 12-3854-CIVIL Plaintiff : : CUMBERLAND WUATIP VS. c- - ANNE L. COPPES rn Defendant(s) co 4< C� � o-�i NOTICE OF SHERIFF'S SALE OF REAL PROPERTY c ° o-tr"' r�s TO: ANNE L. COPPES 578 E STREET CARLISLE,PA 17013-1336 *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house(real estate) at 578 E STREET, CARLISLE,PA 17013-1336 is scheduled to be sold at the Sheriff's Sale on 12/04/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$184,719.53 obtained by JPMORGAN CHASE BANK, NATIONAL ASSOCIATION,SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK,FA (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) `YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty(30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten(10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION All that certain tract of land situate in the'Fifth Ward of the Borough of Carlisle, County. Pennsylvania bounded and described as follows; c Beginning at a point on the southern side of'E Street,said point being the northeastern corner of Lot No. 89 of the Plan of Part of the Diehl Tract as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book Volume 11,page 16i thence by the southern side of E Street South 87°30'East,28.82 feet to a point;thence by the same of a curve to the right having a radius of 303.57 feet a distance of 50.25 feet to a point;thence by the same South 780 1'East, .93 feet to.a point;thence by Lots Nos. 87 and 86 of the hereinafter mentioned*plan of lots, South 4°48'West, 153.89 feet to a point;thence North 76°3]' West, 74.95 feet to a point,the southeastern corner of Lot No. 89 aforesaid;thence by the eastern side of said Lot North 20 30'East, 143.79 feet to the place of beginning. Being Lot No. 88 of the Plan of Lots.known as Part of the Diehl Tract which Plan is recorded in said Recorder's Office in Plan Book 12,page 27. TITLE TO SAID PREMISES IS VESTED IN Anne L. Coppes, unmarried, by Deed from Robert A. Yeingst,a married man, dated 09/21/2007,recorded 09/25/2007 in Instrument Number 200737108. PREMISES BEING: 578 E STREET,CARLISLE,PA 17013-1336 PARCEL NO.06-19-1645-037 SHORT DESCRIPTION By virtue of a Writ of Execution No. 12-3854-CIVIL JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK, FA V. ANNE L. COPPES owner(s) of property situate in the FIFTH WARD of the BOROUGH OF CARLISLE, CUMBERLAND County, Pennsylvania, being 578 E STREET, CARLISLE,PA 17013-1336 Parcel No. 06-19-1645-037 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $184,719.53 Attorneys for Plaintiff Phelan Hallinan, LLP e WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-3854 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK,FA Plaintiff(s) From ANNE L.COPPES (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $184,719.53 L.L.: $.50 Interest FROM 6/11/2013 TO DATE OF SALE($30.36 PER DIEM)-$5,373.72 Atty's Comm: Due Prothy: $2.25 Atty Paid: $209.75 Other Costs: Plaintiff Paid: Date: 6/10/13 David D.Buell,Prothonotary, (Seal) c.j3y- Deputy REQUESTING PARTY: Name: ADAM H.DAVIS,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BOULEVARD,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for:PLAINTIFF Telephone: 21.5-563-7000 Supreme Court ID No.203034 JPMorgan Chase Bank,National Association, successor COURT OF COMMON PLEAS in interest by purchase from the Federal Deposit Insurance Corporation as Receiver of Washington CIVIL DIVISION Mutual Bank f/k/a Washington Mutual Bank, FA 7255 BAYMEADOWS WAY TERM JACKSONVILLE, FL 32256 Plaintiff NO. 12-3854 CIVIL V. �n rl-;, CUMBERLAND CO ANNE L. COPPES --0 C-- 578 E STREET CARLISLE, PA 17013-1336 Defendant ANSWER AND AFFIRMATIVE DEFENSES Defendant, Anne L. Coppes, by through her undersigned attorney, Shane H. Hobbs, as and for her answer to Plaintiff's complaint, alleges upon information and belief as follows: 1. Denied. Defendant is without sufficient information to form a belief as to the truth or accuracy of the averments; therefore same as denied and strict proof of same is demanded. 2. It is admitted only that Defendant resides at the listed address in the caption on the Complaint. 3. Denied. Defendant is without sufficient information to form a belief as to the truth or accuracy of the averments; therefore same as denied and strict proof of same is demanded. 4. Admitted. 5. Denied, Defendant is without sufficient information to form a belief as to the truth or accuracy of the averments; therefore same as denied and strict proof of same is demanded. 6. Denied. Defendant is without sufficient information to form a belief as to the truth or accuracy of the averments; therefore same as denied and strict proof and verification of Defendant's payments or lack thereof is demanded. 7. Denied. Defendant is without sufficient information to form a belief as to the truth or accuracy of the averments; therefore same as denied and strict proof of the same is demanded. S. Admitted. AS AND FOR DEFENDANT'S FIRST AFFIRMATIVE DEFENSE Plaintiff cannot produce the original documentation for the mortgage. Plaintiff has not produced a copy of said mortgage/note. Plaintiff has no more than alleged that it is the true owner/holder of the said mortgage/note. At this point the Plaintiffs allegations are no more than hearsay. Without having possession of the original mortgage/note, the Plaintiff does not have the legal standing to bring this action. AS AND FOR DEFENDANT'S SECOND AFFIRMATIVE DEFENSE On reasonable information and belief, Plaintiff does not have standing to bring this action. Plaintiff cannot prove that they are the real party in interest as they have not provided the original Note or Mortgage Agreement. AS AND FOR DEFENDANT'S THIRD AFFIRMATIVE DEFENSE The Plaintiff has failed to comply with the National Housing Act 12 USC 1701x(c)(5) which imposes a duty on lenders across the country who service non FHANA/FMHA home loans to send a specific homeownership counseling notice to defaulting homeowners within 45 days of the default. AS AND FOR DEFENDANT'S FOURTH AFFIRMATIVE DEFENSE 2 Plaintiff's remedy of foreclosure is an equitable remedy and, as such, Plaintiff is barred due to the Plaintiff's waiver, laches, or unclean hands. AS AND FOR DEFENDANT'S FIFTH AFFIRMATIVE DEFENSE Upon information and belief, Plaintiff and/or Plaintiff and/or its predecessor(s) in interest violated various provisions of the Truth in Lending Act("TILA"), which is codified at 15 U.S.C. section 1601 et seq. and Regulation Z section 226 et seq. by interalia. a) failing to deliver to the Defendant two copies of notice of the right to rescind (with all of the pertinent statutory disclosures) b) failing to properly and accurately disclose the "amount financed" c) failing to clearly and accurately disclose the "finance charge" d) failing to clearly and accurately disclose the "total of payments" e) failing to clearly and accurately disclose the "annual percentage rate" f) failing to clearly and accurately disclose the number, amounts and timing of payments scheduled to repay the obligation g) failing to clearly and accurately itemize the amount financed. The transaction was subject to TILA and rescission rights since it was a consumer credit transaction involving a lien or security interest placed on the Defendant's principal dwelling, and was not a residential mortgage as defined in 15 U.S.C. 1602(w), because the mortgage was not created to finance the acquisition of the dwelling. As a result, Defendant is entitled to rescind the transaction and elect to do so. AS AND FOR DEFENDANT'S SIXTH AFFIRMATIVE DEFENSE 3 Upon information and belief, Plaintiff and/or Plaintiff and/or its predecessor(s) in interest violated various provision of the Real Estate Settlement Procedure Act ("RESPA"), which is codified at 12 U.S.C. section 2601; et seq. by, interalia: a) Failing to provide the Housing and Urban Development (HUD) special information booklet, a Mortgage Servicing Disclosure Statement and Good Faith Estimate of settlement/closing costs to Defendants at the time of the loan application or with three (3) days thereafter; b) Failing to provide Defendants with an annual Escrow Disclosure Statement for each of year of the mortgage since its inception; c) Giving or accepting fees, kickbacks and/or other things of value in exchange for referrals of settlement service business, and splitting fees and receiving unearned fees for services not actually performed; d) Charging a fee at the time of the loan closing for the preparation of truth-in-lending, uniform settlement and escrow account statements. AS AND FOR DEFENDANT'S SEVENTH AFFIRMATIVE DEFENSE Upon information and belief, Plaintiff and/or its predecessor(s) in interest violated various _provisions of the Home Ownership Equity Protection Act ("HOEPA") pursuant to 15 USC § 1639 et seq. by failing to make proper disclosures and committing intentional predatory lending by including prohibited terms. These violations provide an extended three year right to rescission and enhanced monetary damages for the Defendants. WHEREFORE, Defendants demand judgment dismissing the complaint in its entirety with prejudice, and for the costs and fees associated with the defense of this action. 4 Dated: June 25, 2013 Respectfully submitted, hane bs Bar 12903 4 South 2nd Street rd Fl Pottsville, PA 17 O1 P 570.628.280, F: 570 628 5008 shobbsesq@consumerattomeyservices.com 5 CERTIFICATE OF SERVICE I, Shane H. Hobbs, , attorne served 1, mail a true co y for Anne L. Coppes, have on the date indicated below, py of the Answer To Complaint by United States Postal Service Regular Mail to the Plaintiff's Attorney Mario J. Hanyon, Esq., PHELAN HALLINAN& SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Executed on June at the for 25, 2013, I declare under penalty of perjury that and correct. going is true Respectfully submitte Shane S . 6 VERIFICATION I hereby verify, subject to the penalties of 18 Pa.C.S. § 4904 authorities), that the statements of fact contained relating to 'sworn falsifications to red m the foregoing Answer and which so not already appear of record in this matter, are true and correct to t information, and belief. This Verification is made bas he best of my knowledge, based upon information supplied by Defendant and is made by counsel as a verification cannot be obtained b required for filing this pleading, y Defendant within the time Respectfully submitted, Shane H. Hobbs, Esq 're 4 South 2"d Street, # 3 Pottsville, PA 1790 570.628.2806 share @shanehobbslawoffice.com Bar#312903 7 AFFIDAVIT OF SERVICE(FHLMC) PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK,N.A.SM TO WASHINGTON MUTUAL BANK,FA PHS#255789 DEFENDANT SERVICE TEAM/lxh ANNE L.COPPES COURT NO.:12-3854-CIVIL SERVE ANNE L.COPPES AT: TYPE OF ACTION 578 E STREET XX Notice of Sheriff's Sale CARLISLE,PA 17013-1336 SALE DATE: December,4,2013 r-, SERVED L--v " "- -n� 4r_--�. tom'+ ', rServed and made known to ANNE L.COPPES,Defendant on the�day of >20 13 ,at t-n tart p 3D ,oclock .M.,at in the manner described below: Defendant personally served. N Adult family member with whom Defendant(s)reside(s). � -r, Relationship is _Adult in charge of Defendant's residence who refused to give name or relationship. O p tom' Manager/Clerk of place of lodging in which Defendant(s)reside(s). y Y Agent or person in charge of Defendant's office or usual place of business. C71 = _ an officer of said Defendant's company. Other: Description: Age S Height S 1 Weight �s Race4tIESex-Other I,&4t�te- 0e-(,ed^ ,a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: NAME: IUA PRINTED NAME: TITLE: NOT SERVED On the day f 20 ,at o'clock_.M.,L a competent adult hereby state that etendyant OTI3D-because: Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 J y PHELAN HALLINAN, LLP BY: D. TROY SELLARS, ESQUIRE ATTORNEY FOR PLAINTIFF Identification No. 210302 126 Locust Street Harrisburg, PA 17101 Telephone: (215) 563-7000 x 1360 E-mail: troy.Sellarsgphelanhallinan.com JPMORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS ASSOCIATION, SUCCESSOR IN INTEREST CUMBERLAND COUNTY, PENNA. BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS Civil Division RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK, FA NO. 2012-33854-CIVIL 7255 BAYMEADOWS WAY JACKSONVILLE, FL 32256, Plaintiff, M rri VS. CD ANNE L. COPPES D 578 EAST STREET D = r- CARLISLE, PA 17013-1336 Defendant PLAINTIFF'S MOTION TO STRIKE DEFENDANT'S UNTIMELY FILED ANSWER WITH AFFIRMATIVE DEFENSES AND NOW COMES the Plaintiff, JPMorgan Chase Bank,National Association, Successor in Interest by Purchase from The Federal Deposit Insurance Corporation, as Receiver of Washington Mutual Bank, F/K/A Washington Mutual Bank, F.A. ,by and through its attorneys, Phelan Hallinan, LLP, and hereby files its Motion to Strike Answer and Affirmative Defenses of Defendant, Anne L. Coppes, and in support thereof avers as follows: PH#749623 1. On June 19, 2012, Plaintiff filed the instant Mortgage Foreclosure Action against the Defendant for their failure to timely tender monthly payments of principal and interest due for the month of May 01, 2010,and each month thereafter.'A copy of the Complaint is attached hereto,made part hereof and marked as Exhibit"A." 2. By Letter dated July 17, 2012, Defendant,through her counsel, Shane H. Hobbs, Esquire,requested to participate in the Cumberland County Residential Mortgage Foreclosure Diversion Program. A copy of Defendant's Letter is attached hereto,made part hereof and marked as Exhibit"B." 3. By Order dated April 16, 2013,the case was removed from the Mortgage Foreclosure Diversion Program based upon Defendant's failure to appear at the Conciliation Conference. A copy of the Court's Order dated April 16, 2013, is attached hereto,made part hereof and marked as Exhibit"C." 4. Subsequent to the removal from the Diversion program, Ten(10)Day Letters were sent on or about May 09, 2013, to Defendant and her counsel. Copies of the Ten (10) Day Letters are attached hereto,made part hereof and marked as Exhibit"D." 5. Despite the Ten(10)Day Letters, no Answer was forthcoming. 7. Accordingly, on or about June 07, 2013, Plaintiff mailed a Praecipe for In Rem Judgment in the instant matter. The Default was entered and filed by the Prothonotary of Cumberland County on or about June 10, 2013. On the same day, Plaintiff also filed a Praecipe for Writ of Execution in the instant case. The Writ was issued and the property is currently scheduled for Sheriff's Sale on December 04,2013. Copies of the Judgment and Writ of Execution are attached hereto,made part hereof and marked as Composite Exhibit"F." 8. On June 27, 2013, approximately seventeen(17) days.after Judgment was entered in the instant case,Defendant filed a document entitled Answer and Affirmative Defenses. Such document is not an effective Answer, nor an effective means to raise new matters after Judgment PH#749623 ' 'has been entered. A copy of Defendant's Answer and Affirmative Defenses is attached hereto, made part hereof and marked as Exhibit"F." 9. Accordingly, since the pleading does not meet the requirements for an Answer or for raising new matters, the pleading should be stricken from the record with prejudice. WHEREFORE,.Plaintiff respectfully requests that this Honorable Court enter an Order striking Defendants'Answer and Affirmative Defenses filed on about June 27, 2013, from the docket with prejudice- Respectfully Respectfully submitted, PHELAN HALLINAN, LLP DATE: �/ �£��'3 BY: D. Troy Ullars, Esquire Attorney for Plaintiff PH#749623 VERIFICATION D. Troy Sellars, Esquire,hereby states that he is the attorney for Plaintiff in this action,that he is authorized to make this verification, and that the statements made in the foregoing Motion to Strike Defendant's Untimely Filed Answer with Affirmative Defenses are true and correct to the best of his knowledge, information, and belief. The undersigned understands that the statement made herein is subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. PHELAN, HALLINAN & SCHMIEG, LLP Date: �/ ��/ BY: D. Troy lars, Esquire Attorney for Plaintiff PH#749623 Exhibit- "A" a :r COUP i , ?J;11SYUIAIlI'S)A PHELAN HALLINAN&SCHMIEG,LLP Mario J.Hanyon,Esq.,Id.No.203993 1617 JFK Boulevard,,Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 255789 JPMorgan Chase Bank,National Association, successor in interest by purchase from the Federal Deposit COURT OF COMMON PLEAS Insurance Corporation as Receiver of Washington Mutual Bank f/k/a Washington Mutual Bank, FA CIVIL DIVISION 7255 BAYMEADOWS WAY JACKSONVILLE,FL 32256 TERM. Plaintiff NO. }p'� - `j 8,vil V. CUMBERLAND COUNTY ANNE L.COPPES 578 E STREET CARLISLE,PA 17013-1336 Defendant CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE . 0A,,�o3.7s�1 a File#: 255769 q � � -c� tr l3 1 Y 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 a 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#: 255789 1 y 1. Plaintiff is JPMorgan Chase Bank,National Association, successor in interest by purchase from the Federal Deposit Insurance Corporation as Receiver of Washington Mutual Bank f/k/a Washington Mutual Bank, FA 7255 BAYMEADOWS WAY JACKSONVILLE,FL 32256 2. The name and last known address of the Defendant are: ANNE L. COPPES 578 E STREET CARLISLE,PA 17013-1336 who is the mortgagor and real owner of the property hereinafter described. 3. On 09/21/2007 ANNE L. COPPES made, executed and delivered a mortgage upon the premises hereinafter described to WASHINGTON MUTUAL BANK, FA, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Instrument No. 200737109.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 05/01/2010 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 H: 255789 6. The following amounts are due on the mortgage as of 03/15/2012: Principal Balance $152,533.94 Interest $16,797.6=1 04/01/2010 through 03/15/2012 Late Charges $274.96 Property Inspections $228.55 Property Preservation $1,533.20 Escrow Deficit $13,351.27 TOTAL $184,719.53 7. Plaintiff is not seeking a judgment of personal liability(or an in personam judgment) . against the Defendant in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as i required by the mortgage document, as applicable, have been sent to the Defendant on the dates set forth thereon. File#: 255789 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant in the sum of$184,719.53,together with interest,costs, fees,and charges collectible under the mortgage including but not limited to attorney fees and costs,and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG,LLP By: ZL= ZY4L Mario J. Hanyon, Esquire i Attorney for Plaintiff File#: 255789 LEGAL DESCRIPTION All that certain tract of land situate in the Fifth Ward of the Borough of Carlisle, Cumberland County,Pennsylvania bounded and described as follows; Beginning at a point on the southern side of E Street, said point being the northeastern corner of Lot No. 89 of the Plan of Part of the Diehl Tract as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book Volume 11,page 16;thence by the southern side of E Street South 87A° 30'East,28.82 feet to a point; thence by the same of a curve to the right having a radius of 303.57 feet a distance of 50.25 feet to a point; thence by the same South 78A° P East, .93 feet to a point; thence by Lots Nos. 87 and 86 of the hereinafter mentioned plan of lots, South 4A° 48' West, 153.89 feet to a point;thence North 76A° 31' West, 74.95 feet to a point, the southeastern corner of Lot No. 89 aforesaid;thence by the eastem side of said Lot North 2A° 30' East, 143.79 feet to the place of beginning. Being Lot No. 88 of the Plan of Lots known as Part of the Diehl Tract which Plan is recorded in said Recorder's Office in Plan Book 12,page 27. Being designated as Tax Parcel Number 06-19-1645-037. PROPERTY ADDRESS: 578 E STREET,CARLISLE,PA 17013-1336 PARCEL#06-19-1645-037 File k: 255789 I 4 VERIFICATION SC l,ii r a M ,hereby states that he/she is Vice Prtsi dew of JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,Plaintiff in this matter,and is authorized to make-this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information,and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec.4904 relating to unsworn falsification to authorities. I Name: Selvir Lokmic DATE: .S" 1 Z Il Z Vice President - Title: JPMORGAN CHASE BANK,NATIONAL ASSOCIATION File#: 255789 Name:COPPES File N: 255789 FORM 1 IN THE COURT OF COMMON PLEAS JPMorgan Chase Bank,National Association, OF CUMBERLAND COUNTY,PENNSYLVANIA successor in interest by purchase from the Federal Deposit Insurance Corporation as Receiver of Washington Mutual Bank f/k/a Washington Mutual = Bank,FA Plaintiff(s) vs. =C-i ANNE L.COPPES Defendant(s) ('36 Civil s 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 a lawyer,you must take the following steps to be eligible for a conciliation conference. First,within twenty(20)days of your receipt of this notice,you must contact Mid'enn Legal Services at(717)243-9400 extension 2510 or(800)822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative,you must promptly meet with that legal represetative within twenty(20)days of the appointment date.During that meeting,you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a conciliation conference.It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However,you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf.If you and your lawyer complete a financial worksheet in the format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be filed 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 tomeet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Dry Mario J. Hanyon,Esquire Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Woeksheet Date Cumberland County Court of Common Pleas Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance,your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: Borrower name(s): . Property.Address: City: State: Zip: Is the property for sale? Yes❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes& Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes Q 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: Year: Amount owed: Value: Automobile#2: Model: Year: Amount owed: Value: Other transportation(automobiles,boats, motorcycles) Model: Year: Amount owed: Value Monthly Income Name of Employers: l. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net 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° Mort a e Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Pa merit Cable TV Child Su ort/Alim.. Spending Money Da /Child Care/Tuft. 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): Fax: Email: 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 F1 Non If yes, please indicate the status of those negotiations: Please provide the following information, if known,regarding your lender and lender's loan servicing company: Lender's Contact(Name): Phone: Servicing Company(Name): Contact: Phone: 1/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 counseling services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 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) b. Listing agreement(if property is currently on the market) FORM 3 IN THE COURT OF COMMON PLEAS OF JPMorgan Chase Bank, National CUMBERLAND COUNTY,PENNSYLVANIA Association, successor in interest by purchase from the Federal Deposit Insurance Corporation as Receiver of Washington Mutual Bank f/k/a Washington Mutual Bank, FA Plaintiff(s) CIVIL vs. ANNE L. COPPES Defendant(s) REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated ,2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program,the. undersigned hereby certifies as follows: s 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a"Notice of Residential Mortgage Foreclosure Diversion Program"and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel/Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date FORM 4 : IN THE COURT OF COMMON PLEAS OF JPMorgan Chase Bank,National : CUMBERLAND COUNTY, PENNSYLVANIA Association, successor in interest by . purchase from the Federal Deposit CIVIL ACTION Insurance Corporation as Receiver of Washington Mutual Bank f/k/a NO. Washington Mutual Bank, FA Plaintiff(s) VS. ANNE L. COPPES Defendant(s) i CASE MANAGEMENT ORDER AND NOW, this day of , 2012, the-defendant/borrower in the above-captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendantiborrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference,it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on at M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least,twenty-one(2 1)days prior to the date of the Conciliation Conference, the defendantiborrower must serve upon the plaintiff/lender and its counsel a copy of the"Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet"(Form 2)which has been completed by the defendantiborrower. Upon agreement of the parties in writing or at the discretion of the Court,the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be.made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court,the case shall be removed from the Conciliation.Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution,and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference,the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage;proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed lieu of foreclosure; entering into a loan modification or a reverse mortgage;paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT J. Exhibit "B" S H. ! ke Masonic Building 4 South 2"d Street,#303 Poitsville.PA 17801 P:570.628.28061267.441.3967 hobbs.law@verizon.net Bar ID_312903 July 17,2012 Prothonotary Office I Courthouse Sq. Suite 100 Carlisle,PA 17013 RE: Civil Division No. 12-3854 f To the Prothonotary: Attached is a Request for Conciliation Conference pursuant to the Cumberland County Residential Mortgage Foreclosure Diversion Program,along with my Entry of Appearance. Should you have any questions please contact me using the above- information. Truly, t? egailChase:Baia)',,N'ut iii t:As c ci t a ,:suer, s ter COURT OF COMMON FLEAS if,i:tatcresl by,ppr^cis £rani the fiederaltc�si Iisursnce"Crpraton:aev .± # ►tal,ntti; CIVIL DIVISION on-mu 3 r , 'ol.4 ua 7255 BAYMEADOWS WAY TERM JACKSONVILLE,FL 32256 plaintiff NO. 12-3854 CIVIL v. CUMBERLAND COUNTY ANNE L. COPPES 578 E STREET CARLISLE,PA 17013-1336 Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance as counsel for the defendant,Anne L.Coppes in the above captioned action. Law Office of Shane H. Hobbs Shane H.Hobbs 4 South 2nd Street.#303 Pottsville,PA 17901 570.628.2866 - hobbs.law@verimn.net Bar I.D. #312903 Attorney for Defendant l FORM 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff(s) VS. Defendant(s) S CIVIL REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated,f�41Y a` 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Prq the undersigned hereby certifies as follows: i. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property,which is defendant's primary residence; 3, Defendant has been served with a"Notice of Residential Mortgage Foreclosure Diversion Program",and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are trite and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. SignatureofD fenda osell­pp Inted Date Legal Representative Signature of Defendant Date Signa Lire of Defendant Da Jul 16 12 01;42p CCA � 71 7-249-2710 p2 _ 7��y yj,�. r ♦/�aq,t .Y /l�t`#,�f�lp> 4yy.9J�t�.TMy.J�[/'��4r:�ilq,M�lf�tl�yli�F�,Xt�A"�?: C�S[�y WWLYi.�7 iRLAT41'4c1iiM 'N S�:k�.XNSYLVA IA ►ssi�clativz,skeetsor lit mutest by . 'rom.lrie I uc t C Vorotiex�as Receiver 0f �axH7rt��su M�?tt�a1��rn .flkl����it�t�in` Mutes taaj FA vs. ANNE G.CCtPPES Defendant(s) 91OUES 'R 6 S,rafL�jf f Pursuant to the Administrative O der d �_ - -�--- 2012 governing the t✓wnberland Colony Residential Mortgage FtrW; los fd Diversion Pr 8mm,the undersigned herchy certifies as follows. ' 1. DcfaWant is the owner of the rad property which is the subject Of this nwrtme foreelome action; 2. Defendant lives in the sutiect rWJ prapaty,which is defendant's priMrY residence; 3. Defendant has beery served with a"-Notice of Residential Mortgage Foreclosure Diversion Ptopum"=d has taken all Of d1c steps mgnired in that Notice to be eligible to participate in a court-supervised conciliation confi atuce. The undersigned verifies that the statements made herein an true and COMM 1 understand that faire statssrnerrts arc made subject to the penultum of 18 Pa.C.S.§4904 relating to unswom falsiftWioat to auftfitkt- ii�!........ �tgnuturanriC� ' t s-��u��?�����cl: Date Lnd ltepm orativc Stgn ob Date signer of l7cfeadit Date FORM d IN THE COURT OF COMMON PLEAS OF s CUMBERLAND COUNTY,PENNSYLVANIA Plaiotiff{s) CIVIL ACTION vs. NO. Defendants) CASE MANAGEMENT ORDER AND NOW,this day of ,20 ,the defeadant/borrower in i the above-captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference,it is hereby ORDERED AND DECREED that. 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on at M,in at the Cumberland County Courthouse,Carlisle,Pennsylvania. 2. At least twenty-one(21)days prior to the date of the Conciliation Conference,the defendant/borrower must serve upon the:plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet"(Dorm 2)which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Count,the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the nY Court of the defendantlborrower's.failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court,the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone -5' during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the E actual authority to reach a mutually acceptable resolution,and counsel for the plaintiffAcnder must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. if the duly authorized representative of the plaintiffJlender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. Ai the Conciliation Conference,the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement;paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter;offering the,lender a deed in lieu of foreclosure; k�. i entering into a loan modification or a reverse mortgage•,paying the mortgage default over sixty months;and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, CERTIFICATE OF SERVICE 1.Mahe B.Hobbs,:;attoivy for Winne I..Coppes, l Ave on the date indicated below.:�wrved.by mail a true.copy jai`the R equzst for Cortci[iation Conference by United States pbstid Sei-vice Se-vice Regul r Mail to the plaintiff's Attorney Mario J. Hanyon,Esq., PHELAN HALLINAN& SCHMIEG,LLP, 1617 JFK Boulevard, Suite 1400,One Penn Center Plaza,Philadelphia.,,PA 19103 Executed on July A,2012, 1 declare under penalty of perjury that the forgoing is true and cerrect.. Respectfully submitted, Shane H. Hobbs,Esq. Exhibit "C" JPMORGAN Chase Bank National IN THE COURT OF COMMON PLEAS OF Association, successor in interest CUMBERLAND COUNTY, PENNSYLVANIA by purchase from the Federal Deposit Insurance Corporation as Receiver of Washington Mutual Bank f/k/a/Washington Mutual CIVIL ACTION Bank, FA, NO. 12-3854 CIVIL Plaintiff VS. ANNE L. COPPES, Defendant MORTGAGE FORECLOSURE ORDER AND NOW,this /b day of April,2013,the defendant having failed to appear for the Court-supervised conciliation conference set for this date,this case is removed from the Mortgage Conciliation Program and the stay entered in this case is terminated. BY THE COURT, Kevin/A.Hess,P. J. +/ Troy Sellars, Esquire For the Plaintiff / hane H. Hobbs,Esquire 4 South 2nd Street,#303 Pottsville,PA 17901 For the Defendant c; :r1m CO -0 ni ? r-- i w rr fr CO Exhibit "D" PHS #255789/1017 ANNE L. COPPES 578 E STREET CARLISLE, PA 17013-1336 PHS#255789 i JPMorgan Chase Bank, National Association, successor in interest by'Iant cli i- c fi oiia the I_ c�eral CIOViL DNI ION COMMON PLEAS Deposit Insurance Ctsrlia<<ttotl a ]t:eotuci :cif Washington M'utual'13�at11� flkyr wliarrglran„ NO. 12-3854-CIVIL Mutual Bank, FA V. Plaintiff CUMBERLAND COUNTY ANNE L.COPPES TO: ANNE L.COPPES Defendan t(s) .. 578 E STREET CARLISLE,PA 17013-1336 DATE OF NOTICE: IIIS C 1Rlt"'1S A:CJI 13T COI1I ( j 012/�TTT M1717I\?Cr TO GOL7,>~CT I1"I37'.. T#fi: . J5I NT 7 fJ 1'O ! IN , N;Ary TE,�!JPT I'4 COLL'f CT'T IS NOI 11T 12,i;iN A'NI�ANA'1NI ni2IvIA7`]ON UJ3TAINED FROM YC7ll ITCI 31' USI'Dl Old f I Tt17' 1�UlZPOSI Il' YOl1 HAVE I'RI-WIOUSI Y 1ZECE..ix A I I (�I1r�ItCL IN 13A1V1;12:LII'l l% THIS CO1tnf S (7IvDl NCl IS' N(OJ AND SIgUI A T 13t Tfi.Ellfilal !©.CO.LIJI'�li.� I�+ �9.iI3:C'T ON.L, AS NP(3R 11fi I�i"iS01 117 11Gt1INSfi IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU IfiAVE FAILED TO ENTER A APPEARANCE PERSONALLY OR BY ATTORNEY AND WRITTEN YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOUHUNLES COURT ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE;A JUDGly1ENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR NT MA T IMPORTANT RIGHTS. Y OR OTHER YOU SHOULD TAKE THIS PAPER TO A LAWYER, TO OR YOUR LAWYER AT ONCE. IF YOU DO NOT CAN PROVIDE YOU WITH TH INFO HAVE YOUR THE OFFICE SET FORTH BELOW. THIS OFFICE TELEPHONE ABOUT HIRING A LAWYER. PRO YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE, To TO ELIVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES GIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office Of tile Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse 1 Courthouse Square ASSOCIATION Carlisle,PA 17013 CUMBERLAND COUNTY COURTHOUSE (717)240-6195 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 By. �ai.laart;l lit :'%'Id.No.3I2174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#255789 PHS #255789/1.017 ANNE L. COPPES C/O SHANE H. HOBBS, ESQUIRE 4 SOUTH 2ND STREET, STE 303 POTTS VILLE, PA 1.7901 3PMorgan Chase Bank.,National Association; COURT OF COMMON PLEAS successor in interest by purchase from.the Federal CIVIL DIVISION Deposit Insurance Corporation as Receiver of_ Washington Mutual Bank f/k/a Washington NO. 12-3854-CIVIL Mutual Bank,FA 'Plaintiff CUMBERLAND COUNTY W ANNE L.COPPES Defendants) TO: ANNE L.COPPES C/O SHANE H.HOBBS,ESQUIRE 4 SOUTH'2ND STREET,STE 303 POTTSVILLE,PA 17901 r DATE OF NOTICE:=--a -J THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE, IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE 'FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH.AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH.BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO 141RE 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. O.ffiee'of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 1701.3 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By.. - J ' it,4461obb,Esq...Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza PHS#255789 Exhibit "E" PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,SUCCESSOR COURT OF COMMON PLEAS IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON CIVIL DIVISION MUTUAL BANK FIK/A WASHINGTON MUTUAL BANK,FA Plaintiff NO.: 12-3854-CIVIL V. CUMBERLAND COUNTY ANNE L.COPPES Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: •` Amount Due $184,719.53 a Interest from 06/11/2013 to Date of Sale" $5,373.72 ($30.36 per diem) y TOTAL $19003.25 r, Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Note: Please attach description of property. PHS#255789 C 3) ° � o Ca !•bo !:I 4 �a . saw �Y6 0 A107 r� Q� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA _ JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK,FA Plaintiff V. _ ANNE L.COPPES ' Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Filed: f / „ Address where papers may be served: ANNE L.COPPES Phelan Hallinan,LLP 578 E STREET Adam H.Davis,Esq.,Id.IVo.203034 CARLISLE,PA 170134336 Attorney for Plaintiff LEGAL DESCRIPTION All that certain tract of land situate in the Fifth Ward of the Borough of Carlisle.Cumberland County. Pennsylvania bounded and described as follows; Beginning at a point on the southern side of E Street,said point being the northeastern corner of Lot No. 89 of the Plan of Part of the Diehl Tract as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book Volume 11,page 16;thence by the southern side of E Street South 871 30'East,28.82 feet to a point;thence by the same of a curve to the right having a radius of 303.57 feet a distance of 50.25 feet to a point;thence by the same South 78° F East, .93 feet to a point;thence by Lots Nos. 87 and 86 of the hereinafter mentioned plan of lots,South 4°48'West, 153.89 feet to a point;thence North 760 31'West, 74.95 feet to a point,the southeastern corner of Lot No.89 aforesaid;thence by the eastern side of said Lot North 2°30'East, 143.79 feet to the place of beginning. Being Lot No.88 of the Plan of Lots known as Part of the Diehl Tract which Plan is recorded in said Recorder's Office in Plan Book 12,page 27. TITLE TO SAID PREMISES IS VESTED IN Anne L.Coppes,unmarried, by Deed from Robert A. Yeingst, a married man,dated 09/21/2007, recorded 09/25/2007 in Instrument Number 200737108. PREMISES BEING: 578 E STREET,CARLISLE,PA 17013-1336 PARCEL NO.06-19-1645-037 PHELAN HALLINAN, LLPL �`Qr Attorneys for Plaintiff Adam H.Davis,Esq.,Id. No.203034 OF THE PROTHONO 1P'ft t 1617 JFK Boulevard,Suite 1400 �� �: 06 One Penn Center Plaza Zfl� �U� , Philadelphia,PA 19103 CU1J8ERLAN0 COUNTY 215-563-7000 PES%SYLVAx}p JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, COURT OF COMMON PLEAS SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS CIVIL DIVISION RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK,FA : NO.: 12-3854-CIVIL Plaintiff V. CUMBERLAND COUNTY ANNE L. COPPES Defendant(s) CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91. because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled (X) Act 91 is Not Applicable pursuant to Pa Bulletin,Doc No 11-1197,41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. By: Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 •Attorncy for Plaintiff JPMORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS ASSOCIATION,SUCCESSOR IN INTEREST B'Y PURCHASE FROM THE FEDERAL DEPOSIT CIVIL DIVISION INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON NO.: 12-3854-CIVIL MUTUAL BANK,FA Plaintiff CUMBERLAND COUNTY V. ANNE L.COPPES Defendants). AFFIDAVIT PURSUANT TO RULE 3129.1 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,SUCCESSOR IN INTEREST BY PURCHASE FROM . THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK,FA,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 578 E STREET,CARLISLE,PA 170133-1336. ]. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) ANNE L.COPPES 578 E STREET, CARLISLE,PA 17013-1336 2. Name and address of Defendant(s)in the judgment: Name. Address(if address cannot be reasonably ascertained,please so indicate) ANNE L.COPPES 578 E STREET CARLISLE,PA 17013-1336 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) WASHINGTON MUTUAL BANK 7255 BAYMEADOWS WAY JACKSONVILLE,FL 32256 WASHINGTON MUTUAL BANK 701 MARKET STREET C/O MICHAEL T.MCKEEVER,ESQUIRE SUITE 500-MELLON INDEPENDENCE CENTER PHILADELPHIA,PA 19106 C q 4. Name and address of last recorded holder of every mortgage of record: w --.t Name Address(if address cannot be -Z� =C reasonably reasonably ascertained,please indicate) br- None. r a , --r ' 5_ Name and address of every other person who has any record lien on the property: - Name Address(if address cannot be reasonably ascertained,please indicate) A r O C G7 A None. co .'c7 PHS #255789 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 578 E STREET CARLISLE,PA 17013-1336 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 ANNE L.COPPES 4 SOUTH 2ND STREET C/O SHANE H.HOBBS,ESQUIRE STE 303 POTTSVILLE,PA 17901 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. r Date: By: _ !/yL1 __J�LldLtta Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PHS #255789 ! a JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, COURT OF COMMON PLEAS SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS CIVIL DIVISION RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK,FA NO.: 12-3854-CIVIL Plaintiff : : CUMBERLAND 6OWIR,+ VS. 3 `-'' --4-� rri ANNE L.COPPES Defendant(s) � o °o r 7m, 0—n NOTICE OF SHERIFF'S SALE OF REAL PROPERTY—c., o C:)rm TO: ANNE L.COPPES 4 578 E STREET CARLISLE,PA 17013-1336 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house(real estate)at 578 E STREET,CARLISLE,PA 17013-1336 is scheduled to be sold at the Sheriff's Sale on 12/04/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$184,719.53 obtained by JPMORGAN CHASE BANK, NATIONAL ASSOCIATION,SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK,FA (the mortgagee)against you. In the event the sale is continued, an, announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale,you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) 'YOU'MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped,your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will.be prepared by the Sheriff not later than thirty(30)days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions(reasons why the proposed distribution is wrong)are filed with the Sheriff within ten(10)days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800)990-9108 LEGAL DESCRIPTION All that certain tract-of land situate in the Fifth Ward of the Borough of Carlisle;Cumberland County, Pennsylvania bounded and described as follows; o Beginning at a point on the southern side of-E Street,said point being the northeastern corner of Lot No..89 of the Plan of Part of the Diehl Tract as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book Volume 11,page 16 thence by the southern side of E Street South 87°30'East,28.82 feet to a point;thence'by the same of a curve to the right having a radius of 303.57 feet a distance of 50.25 feet to a point;-thence by the same South 78° 1'East, .93 feet to.a point;thence by Lots Nos. 87 and 86 of the hereinafter mentioned'plan of lots,South 40 48'West, 153.89 feet to a point;thence North 76°3l'West, 74.95 feet to a point;the southeastern'corner of Lot No.89 aforesaid;thence by the eastern side of said Lot North 2°30'East, 143.79 feet to the place of beginning. Being Lot No.88 of the Plan of-Lots known as Part.of the Diehl Tract which Plan is recorded in said Recorder's Office in Plan Book 12,page 27. TITLE TO SAID PREMISES IS VESTED IN Anne L. Coppes,unmarried,by Deed from Robert A. Yeingst,a married man,dated 09/21/2007,recorded 09/25/2007 in Instrument Number 200737108. PREMISES BEING:578 E STREET,CARLISLE,PA 17013-1336 PARCEL NO.06-19-1645-037 > , f SHORT DESCRIPTION By virtue of a Writ of Execution No. 12-3854-CIVIL JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK,FA V. ANNE L. COPPES owner(s)of property situate in the FIFTH WARD of the BOROUGH OF CARLISLE, CUMBERLAND County,Pennsylvania,being 578 E STREET, CARLISLE,PA 17013-1336 Parcel No.06-19-1645-037 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $184,719.53 Attorneys for Plaintiff Phelan Hallinan,LLP e WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-3854 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK,FA Plaintiff(s) From ANNE L.COPPES (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession Of GARNISHEE(S)as follows: and to notify the gamisbee(s)that:(a)an attachment has been issued;(b)the gamishee(s). is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) lfpropert7y of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that be/she has been added as a garnishee and is enjoined as above stated. Amount Due: $184,719.53 L.L.:$.50 Interest FROM 6/11/2013 TO DATE OF SALE($30.36 PER DIEM-$5,373.72 Atty's Comm: Due Prothy:$2.25 Atty Paid: $209.75 Other Costs: Plaintiff Paid: Date: 6110/13 David D.Buell,Prothonotary (Seal). Deputy REQUgSTING.PARTY: Name:ADAM H.DAVIS,ESQUIRE Address:PHELAN HALLINAN,LLP 1617 JFK BOULEVARD,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for:PLAINTIFF Telephone:215-563-7000 Supreme Court ID No.203034 Exhibit "F" LAAA1 C}I+ E'C1'I< S HAN17,1E4. 1 OB13 , 1�+;SC)Ut:1l2E Masonic Building,3rd Fl. =< R 570-628-2806 F: 570-628-5008 4 South 2nd Street, #303 Pottsville, PA 17901 shane @shanehobbslawoffice.com June 25, 2013 Mario J.Hanyon,Esq. Phelan,Hallinan&Schmieg,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia,PA 19103 RE: Anne Coppes 12-3854 Dear Attorney Hanyon: Enclosed please find the Defendant's Answer and Affirmative Defenses. If you have any questions or concerns, please do not hesitate to contact me.Thank you for your attentiveness in this matter. ;Tt`Iy;� , j Shane H. Hobbs, Esq. JPMorgan Chase Bank,National Association,successor COURT OF COMMON PLEAS in interest by purchase from the Federal Deposit Insurance Corporation as Receiver of Washington CIVIL DIVISION Mutual Bank f/k/a Washington Mutual Bank,FA 7255 BAYMEADOWS WAY TERM JACKSONVILLE, FL 32256 Plaintiff NO. 12-3854 CIVIL V. CUMBERLAND COUNTY ANNE L. COPPES 578 E STREET CARLISLE,PA. 17013-1336 Defendant ANSWER AND AFFIRMATIVE DEFENSES Defendant, Anne L. Coppes, by through her undersigned attorney, Shane H. Hobbs, as and for her answer to Plaintiffs complaint,alleges upon information and belief as follo-'Ars: 1. Denied. Defendant is without sufficient information to form a belief as to the truth or accuracy of the averments; therefore same as denied and strict proof of same is demanded. 2. It is admitted only that Defendant resides at the listed address in the caption,on the Complaint. 3. Denied. Defendant is without sufficient information to form a belief as to the truth or accuracy of the averments; therefore same as denied and strict proof of same is demanded. 4. Admitted. 5. Denied. Defendant is without sufficient information to form a belief as to the truth or accuracy of the averments;therefore same as denied and strict proof of same is demanded. 6. Denied.Defendant is without sufficient information to form a belief as to the truth or accuracy of the averments; therefore same as denied and strict proof and verification of Defendant's payments or lack thereof is demanded. 7. Denied. Defendant is without sufficient information to form a belief as to the truth or accuracy of the averments;therefore same as denied and strict proof of the same is demanded. . 8. Admitted. AS AND FOR DEFENDANT'S FIRST AFFIRMATIVE DEFENSE Plaintiff cannot produce the original documentation for the mortgage. 'Plaintiff has not produced a copy of said mortgage/note. Plaintiff has no more than alleged that it is the t:ue r owner/holder of the said mortgage/note. At this point the Plaintiffs allegations are no more than hearsay. Without having possession of the original mortgage/note, the Plaintiff does not have the legal standing to bring this action. AS AND FOR DEFENDANT'S SECOND AFFIRMATIVE DEFENSE On reasonable information and belief.. Plaintiff does not have standing to bring this action. Plaintiff cannot prove that they are the real party in interest as they have not provided the original Note or Mortgage Agreement. AS AND FOR DEFENDANT'S T T[RD AFFIRMATIVE DEFENSE The Plaintiff has failed to comply with the National Housing Act 12 USC 1701 x(c)(5) which imposes a duty on lenders across the country who service non FHANA/FMHA home loans to send a specific homeownership counseling notice to defaulting homeowners within 45 days of the default. AS AND FOR DEFENDANT'S FOURTH AFFIRMATIVE DEFENSE 2 Plaintiff's remedy of foreclosure is an equitable,remedy and, as,such, Plaintiff.is barred due to the Plaintiffs waiver, lathes,or unclean hands. AS AND FOR DrimD�1 Upon information and belief, Plaintiff and/or Plaintiff and/or its predecessor(s) in interest violated-various provisions of the Truth in Lending Act("TILA"),which is codified at 15 U.S.C. section 1601 et seq. and Regulation Z section 226 et seq.by interalia: a) failing to deliver to the Defendant two copies of notice of the right to rescind (with all of the pertinent statutory disclosures) b) failing to properly acid accurately disclose the "amount financed" c)failing to clearly and accurately disclose the "finance charge" d) failing to clearly and accurately disclose the"total of payments" e)failing to clearly and accurately disclose the "annual percentage rate" f) failing to clearly and accurately disclose the number, amounts and timing of payments scheduled to repay the obligation g) failing to clearly and accurately itemize the amount financed, The transaction was subject to TILA and rescission rights since it was a consumer credit transaction involving a lien or security interest placed on the Defendant's principal dwelling, and was not a residential mortgage as defined in 15 U.S.C. 1602(w), because the mortgage was not created to finance the acquisition of the dwelling. As aresult,Defendant is entitled to re"scind the transaction and,elect to do so. A Al ) 1 i01 T!�1" I!lT',,S SIXT—I AFF-I t a 'dC C II► 'KNSI 3 Upon information and belief Plaintiff and/or Plaintiff and/or its predecessor(s) in interest violated various provision of the Real Estate Settlement Procedure Act ("RESPA"),;which is codified at 12 U.S.C. section 2601, et seq.by,interalia: i a) Failing to provide the Housing and Urban Development (HUD) special information booklet, a Mortgage Servicing Disclosure Statement and Good Faith Estimate of settlement/closing costs to Defendants at the time of the loan application or with three (3) days thereafter; b) Failing to provide Defendants with an annual Escrow Disclosure Statement for each of year of the mortgage since its inception; c) Giving or accepting fees, kickbacks and/or other things of value in exchange for referrals of settlement service business, and splitting; fees and receiving unearned fees for services not actually performed; d) Charging a fee at the time of the loan closing for the preparation of truth-in-lending, uniform settlement and escrow account statements. ' .AIND Iri DE4-F.ENDA�1'T# .Sly--NTH.AF4 rt ,MA°CI 1+T N 1 . Upon information and belief, Plaintiff and/or its predecessor(s) in interest violated various provisions of the Home Ownership Equity Protection Act ("HOEPA") pursuant to 15 USC § 1639 et seq. by failing-to make proper disclosures and committing, intentional predatory lending by including prohibited terms. These violations provide an extended three year right to rescission and enhanced monetary damages for the'Defendants. WHEREFORE, Defendants demand judgment dismissing the complaint in its entirety " with prejudice,and for the costs and fees associated with the defense of this action. 4 Dated: June 25, 2013 R ss cel t�l y t mifte d Shane H. Holt , Bar#312,9. 4 Soil, ne3 Street, 3rd Fl Pottsville, PA 17901 P 570.628.2806 F: 570 628 5008 shobbsesq @conswnerattorneyservices:com 'F 4 ��• ire .° - ., CERTIFICATE OF SERVICE 1, Shane H. Hobbs, , attorney for Anne L. Coppes, have on the date indicated below, served by mail a true copy of the Answer To Complaint by United States Postal Service Regular Mail to the Plaintiffs Attorney Mario J. Hanyon,Esq., PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 { Executed on June 25, 2013, I declare under penalty of perjury that the forgoing is true and correct. Respectfully submitted, 8ffiil'.qlj. Hobbb" $q:. Y Y 6 VERIFICATION I hereby verify, subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsifications to authorities), that the statements of fact contained in the foregoing Answer and which so not already appear of record in this matter, are true and correct to the best of my knowledge, information, and belief. This Verification is made based upon information supplied by Defendant and is made by counsel as a verification cannot be obtained by Defendant within the time required for filing this pleading. Respectfully submitted, � J Shane H. LI_ bbs, Esquire 4 South 2"a Street, #303 Pottsville,PA 17901 570.628.2806 shane @shanehobbslawoffice.com Bar#312903 7 PHELAN HALLINAN, LLP BY: D. TROY SELLARS, ESQUIRE ATTORNEY FOR PLAINTIFF Identification No. 210302 126 Locust Street Harrisburg, PA 17101 Telephone: (215) 563-7000 x 1360 E-mail: troy.Sellars@t)helanhallinan.com JPMORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS ASSOCIATION, SUCCESSOR IN INTEREST CUMBERLAND COUNTY, PENNA. BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS Civil Division RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK,FA NO. 2012 J3854-CIVIL 7255 BAYMEADOWS WAY JACKSONVILLE,FL 32256, Plaintiff, VS. ANNE L. COPPES , d 578 EAST STREET CARLISLE,PA 17013-1336 Defendant 1 {, CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion to Strike Defendants' Untimely Filed Answer and Affirmative Defenses, Briefin Support thereof, and attached exhibits were served on the following by regular mail sent on the date indicated below: PH#749623 SHANE H. HOBBS, ESQUIRE LAW OFFICES OF SHANE H. HOBBS MASONIC BUILDING 3RD FLOOR 4 SOUTH 2ND STREET SUITE 303 POTTSVILLE, PA 17901 DATE: /��/1 BY: D. Troy liars, Esquire Attorney for Plaintiff PH#749623 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. JPMORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS ASSOCIATION, SUCCESSOR IN INTEREST CUMBERLAND COUNTY, PENNA. BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS Civil Division RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK, FA NO. 2012-36854-CIVIL 7255 BAYMEADOWS WAY , JACKSONVILLE,FL 32256, -°' Plaintiff, M r� ANNE L. COPPES _ D 578 EAST STREET CARLISLE,PA 17013-1336 Defendant RULE TO SHOW CAUSE AND NOW,this 221 day of vl , 2013,upon consideration of the foregoing Motion, it is hereby ORDERED that: 1. A Rule is issued upon the Respondents to show cause why the Petitioner is not entitled to the relief requested; s Zo 2. The Respondents may file an Answer to the Motion e-r-4484.0 3. Notice of the entry of this Order shall be provided to all parties by the Petitioner. BY TH OURT: J. ,1 PH#749623 �� r FILED-OFFICE OF THLE P R 0 T H 0 N 0 TAR Y 7013 AUG - 1 PN 1: 36 PHELAN HALLINAN, LLP CUMBERLAND COUNTY BY: D. TROY SELLARS, ESQUIRE ATTORNEMOYHR&TIFF Identification No. 210302 126 Locust Street Harrisburg, PA 17101 Telephone: (215) 563-7000 x 1360 E-mail: troy.Sellars@Dhelanhallinan.com JPMORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS ASSOCIATION,SUCCESSOR IN INTEREST CUMBERLAND COUNTY,PENNA. BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS Civil Division RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK, FA NO. 2012-3854-CIVIL 7255 BAYMEADOWS WAY JACKSONVILLE, FL 32256, ,Plaintiff, VS. ANNE L. COPPES 578 EAST STREET CARLISLE,PA 17013-1336 Defendant CERTIFICATION OF SERVICE I hereby certify a true and correct time-stamped copy of the Rule to Show Cause dated July 22, 2013, was served via regular mail on July 30, 2013, on the persons at the addresses listed below: SHANE H. HOBBS, ESQUIRE 4 SOUTH 2ND STREET SUITE 303 POTTSVILLE, PA `17901 DATE: i 113 D. Troy Sell6gs, Esquire Attorney for Plaintiff PH#779623 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNA. JPMORGAN CHASE BANK, NATIONAL : COURT OF COMMON PLEAS ASSOCIATION, SUCCESSOR IN INTEREST : CUMBERLAND COUNTY, PENNA.- BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS . Civil Division RECEIVER OF WASHINGTON MUTUAL BANK, FA NO. 2012-33854-CIVIL 7255 BAYMEADOWS WAY JACKSONVILLE, FL 32256, Plaintiff,. VS. MM C/)r-- cv �Z)' ANNE L. COPPES -<> ` f-M --i 578 EAST STREET CARLISLE, PA 1701.3-1336 ' Defendant RULE TO SHOW CAUSE AND NOW,this_ ' oc day of , 2013, upon consideration of the foregoing Motion, it is hereby ORDERED that: 1. A Rule is issued upon the Respondents to show cause why the Petitioner is not entitled to:the relief requested; w iv 2. The Respondents may file an Answer to the Motion er'- r--- 3. Notice of the entry of this Order shall be provided to all parties by the Petitioner. BY THE OURT: S Id J. PH##749623 • • HEED-OFFIC OF THE PRO TNONU TAR Y 21113 DEC 20 PM 1: 20 CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP BY: D. TROY SELLARS, ESQUIRE ATTORNEY FOR PLAINTIFF Identification No.: 210302 126 Locust Street Harrisburg, PA 17101 Telephone: (215) 563-7000, Ext. 1360 E-mail: troy.sellars @phelanhallinan.com JPMORGAN CHASE BANK,NATIONAL : COURT OF COMMON PLEAS ASSOCIATION, SUCCESSOR IN INTEREST : CUMBERLAND COUNTY, PENNA. BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS : Civil Division RECEIVER OF WASHINGTON MUTUAL . BANK F/K/A WASHINGTON MUTUAL BANK, FA : NO. 2012-3854-CIVIL 7255 BAYMEADOWS WAY JACKSONVILLE,FL 32256, Plaintiff, vs. ANNE L. COPPES 578 EAST STREET CARLISLE, PA 17013-1336 Defendant MOTION TO MAKE RULE ABSOLUTE AND NOW COMES the Plaintiff, JPMorgan Chase Bank,National Association, Successor in Interest by Purchase From the Federal Deposit Insurance Corporation as Receiver of Washington Mutual Bank, F/K/A Washington Mutual Bank, F.A., by and through its attorneys, Phelan Hallinan, LLP, and hereby motions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. PH#749623 2: Plaintiffs Motion to Strike Defendant's Untimely Filed Answer with Affirmative Defenses dated July 18, 2013, was filed with the Court on or about July 19, 2013. 3. A Rule was entered upon Defendant on July 22, 2013, to show cause why the Motion to Strike Untimely Filed Answer with Affirmative Defenses should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof and marked as Exhibit «A» 4. On July 30, 2013, the Rule to Show Cause was served upon all parties in accordance with the applicable Rules of Civil Procedure as evidenced by the Certificate of Service filed with the Court on August 01, 2013. A true and correct copy of the Certificate of Service is attached hereto, made part hereof and marked as Exhibit`B." 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of August 22, 2013. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant the Motion to Strike Untimely Filed Answer with Affirmative Defenses. Respectfully submitted, PHELAN HALLINAN, LLP Date: ` 13 BY: 9 D. Troy Sella , Esquire Attorney for Plaintiff PH#749623 • Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNA. JPMORGAN CHASE BANK, NATIONAL : COURT OF COMMON PLEAS ASSOCIATION, SUCCESSOR IN INTEREST : CUMBERLAND COUNTY,PENNA. BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS . Civil Division RECEIVER OF WASHINGTON MUTUAL BASK `JK 'WASHIN rON.""1IUTUAI, ,_. BANK, FA : NO. 2012-33854-CIVIL 7255 BAYMEADOWS WAY JACKSONVILLE,FL 32256, . .. Plaintiff, • VS. ANNE L. COPPES 578 EAST STREET . j CARLISLE,PA 17013-1336 Defendant . RULE TO SHOW CAUSE AND NOW,this day of ,2013, upon consideration of the foregoing Motion,it is hereby ORDERED that: 1. A Rule is issued upon the Respondents to show cause why the Petitioner is not entitled to the relief requested; Wo�ni n cJ�.� 2. The Respondents may file an Answer to the Motion e - -4efcm. 3. Notice of the entry of this Order shall be provided to all parties by the Petitioner. BY THE ,.OURT: 1.4440 J. PH#749623 Exhibit "B" 19 ''''-) PHELAN HALLINAN,LLP BY: D. TROY SELLARS, ESQUIRE ATTORNEY FOR PLAINTIFF Identification No. 210302 126 Locust Street Harrisburg, PA 17101 Telephone: (215) 563-7000 x 1360 E-mail: troy.Sellars@phelanhallinan.com JPMORGAN CHASE BANK,NATIONAL : COURT OF COMMON PLEAS ASSOCIATION, SUCCESSOR IN INTEREST CUMBERLAND COUNTY,PENNA. BY PURCIIASE FROM TIIE FEDERAL . DEPOSIT INSURANCE CORPORATION AS : Civil Division RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK, : : 2 .^ FA : NO. 2012-3854-CIVIL 3 ,....a 7255 BAYMEADOWS WAY n ;'1 - -71 :' ° JACKSONVILLE,FL 32256, j : -'&3r- Plaintiff, \---.-. -<= -- vs. -=c.-} ANNE L. COPPES . - fl,- 578 EAST STREET . CARLISLE,PA 17013-1336 . Defendant . CERTIFICATION OF SERVICE I hereby certify a true and correct time-stamped copy of the Rule to Show Cause dated July 22, 2013, was served via regular mail on July 30, 2013, on the persons at the addresses listed below: SHANE H. HO13 `: .,SQUIRE 4 SOUTH 2NE)STRl T SUITE 303 POTTSVILLE, PA 17901 ,,,,,. ) „ i` DATE: 7/„. _)/3 zil,, i act.,_______ D. Troy Sc1 1 s,Esquire Vela& Attorney for Plaintiff PH#7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. JPMORGAN CHASE BANK, NATIONAL : COURT OF COMMON PLEAS ASSOCIATION, SUCCESSOR IN INTEREST : CUMBERLAND COUNTY,PENNA. BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS Civil Division RECEIVER OF WASHINGTON MUTUAL — BAN F/K1AWA HINGTOi MUTUA -- _ ---._� _ _ BANK, FA : NO. 2012-33854-CIVIL 7255 BAYMEADOWS WAY JACKSONVILLE, FL 32256, C? Plaintiff, c- vs. . r1-1 i= • (D E rte, ANNE L. COPPES 578 EAST STREET " CARLISLE, PA 17013-1336 ,c,; Defendant RUL E TO SHOW CAUSE AND NOW, this n a day of J _ ,2013, upon consideration of the foregoing Motion, it is hereby ORDERED that: 1. A Rule is issued upon the Respondents to show cause why the Petitioner is not entitled to the relief requested; n A.O a'cujs - 2. The Respondents may file an Answer to the Motion eci-er-before.. 3. Notice of the entry of this Order shall be provided to all parties by the Petitioner. l3Y TI-HE .OUR`f: ^s « M J. PH#749623 1j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. JPMORGAN CHASE BANK,NATIONAL • COURT OF COMMON PLEAS ASSOCIATION, SUCCESSOR IN INTEREST : CUMBERLAND COUNTY, PENNA. BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS : Civil Division RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK, FA : NO. 2012-3854-CIVIL 7255 BAYMEADOWS WAY JACKSONVILLE, FL 32256, Plaintiff, rri VS. -4-l f. = ANNE L. COPPES 578 EAST STREET • CARLISLE, PA 17013-1336 a Defendant ORDER AND NOW, this la` day of >t+ Al , 20 13 , upon consideration of Plaintiff's Motion to Strike Defendant's Untimely Filed Answer with Affirmative Defenses, and Defendant's lack of response thereto, and the record as a whole, it is hereby: ORDERED and DECREED that the Rule entered upon Defendants on July 22, 2013, shall be and is hereby made absolute; and ORDERED and DECREED that the Plaintiffs Motion to Strike Defendant's Untimely Filed Answer with Affirmative Defenses is hereby granted. BY THE COURT: 611?5/ Np,4"/<)) .. 4 t) J. PH#749623 1 PHELAN HALLINAN,LLP Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza R Philadelphia,PA 19103 Adam.Davis @PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,N.A. S/I/I TO : CUMBERLAND COUNTY WASHINGTON MUTUAL BANK,FA Plaintiff, : COURT OF COMMON PLEAS v. CIVIL DIVISION ANNE L. COPPES : No.: 12-3854-CIVIL Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P.3129.2(a)Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c)on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing(Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". Adam H.Davis,Esq.,Id.No.203034 /�0l/ r Attorney for Plaintiff Date: / IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#749623 • • 1 Name and Phelan Nallinan,LLP Address, 1617(FIB Bogle yard,Suite 1400 c Of Sender One Penn Center Plaza i *a Philadelphia,PA 19103 AZK/CET-03/12/2014 SALE n Line Article Number Name of Addressee Street,and Post°Mee.Address Postage 0 I • **** 'TENANT/OCCUPANT 50.45 T c 57$E STREET r CARLISLE%PA 170134336 2 **** WASHINGTON MUTUAL BANK S0.45 n 72+5BAYMEADOWS WAY ...o fui JACKSONVILLE;,FL 32256 - c. 3 **** WASHINGTON MUTUAL BANK C/O MICHAEL T.MCKEEVER,ESQUIRE $0.45 ., I01 MARKETSFRL"I ® * : SUITE 501)-MELLON INDEPENDENCE CENTER PHILADELPHIA,PA 19106 .. 4 **** ( Domestic Relations of 511,45 Cumherland County 13 North Hanover Street Carlisle,PA 17013 ', ,' 5 **"" Commonwealth of Pennsylvania €50,45* .d Department of Welfare t u E„� P.O.Box 2675 Harrisburg,PA 17105 6 **** Internal Revenue Service Advisory 50.45 o ` 1000 Liberty Avenue Room 7(14 i_ Pittsburgh,PA 15.2-- ” f U.S.Department of Justice 5(1.45 U.S.Attorney for the Middle Distrlet of PA s 1 Federal Building 228 Walnut Street,Suitt 220 PO Box 11754 ' .., HA buI g,PA I7101i 1754 1: 8 **** ANNE I::COPPES CIO SHANE I;IHOBB5,ESQUIRE 50.45 4 SOUTI12ND STREET STE 303 POTTSVILIE PA 17901 u w� 5k t' ta� Ilse a < / I` #ii6�6n3c24 M 4i�- trt' al*d m 1 t,I.... au xk.X 1a 4 1M1n- 11 a+dkvi AS --.-— r�Pmcu t ia ax1 #t yar 7Ae " ' a 9 t • tSi Fenn 3877 Facsunfl Law Office of Shane H. Hobbs, P. 4 South 2 "d Street, 3rd Fl. Pottsville, PA 17901 Shane H. Hobbs, Esquire PA BAR ID: 312903 570.628.2806 (Phone) 570.628.2806 (Fax) shane @shanehobbslawoffice.com F O?fllOI 0TA: 2314 :R -7 Psi 3:2; CUMBERLAND COUNT "( PENNSYLVANIA Attorney for Defendant JPMorgan Chase Bank, National Association, Successor In Interest By Purchase From The Federal Deposit Insurance Corporation as Receiver of Washington Mutual Bank f/k/a Washington Mutual Bank, FA Plaintiff, vs. ANNE L. COPPES 578 E STREET CARLISLE, PA 17013-1336 Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No.2012- 33854- Civil DEFENDANT'S EMERGENCY MOTION TO STAY FORECLOSURE SALE COMES Now Defendant, by and through undersigned counsel and moves this Court to postpone the foreclosure sale and states as follows: 1. Defendant seeks to stay the sale of its primary residence set for March 12, 2014. 2. Defendant sought and received a trial period payment plan. 3. Defendant made all payments in accordance therewith and was provided a permanent modification. 4. Defendant accepted the modification and tendered a signed acceptance in consideration thereof 5. Unfortunately, and to Defendant's detriment, JP Morgan Chase refused to accept the signed acceptance; and has, instead, proceeded to foreclosure. Defendant is in immediate threat of losing its home and seeks relief from this Court. 6. Lastly, Plaintiff is in violation of Reg. X § 1024.41 which prohibits dual tracking. WHEREFORE, Defendant respectfully requests that this Honorable Court Grant this Motion and enter and Order Postponing the Sheriff Sale Date set for March 12, 2014, and award to Defendant those costs and fees associated with the filing of this motion and any other remedy this Court deems necessary and reasonable. DateM til Respectfully Sub Shane H. • • s, Esq. Attorney for Defendant Bar #312903 4 South 2nd Street, 3rd Fl. Pottsville, PA 17901 P: 570.628.2806 F: 570.628.5008 shane@shanehobbslaw.office.com JPMORGAN CHASE BANK, N.A. S/I/I TO WASHINGTON MUTUAL BANK, FA Plaintiff V. ANNE L. COPPES Defendant iLED-OFFIC - OE THE PROTHONOTARY 2014 MAR 12 AN 46 cymaRLANP COUNTY PENNSYLVANIA COURT OF COMMON PLEAS • : CIVIL DIVISION : NO. 12-3854-CIVIL : CUMBERLAND COUNTY ORDER AND NOW, this /2- day of March 2014, after consideration of Defendant's Motion to Postpone Sheriff's Sale of the under-stated property, Plaintiff's concurrence to the continuation of the sale, and the record as a whole, it is hereby ORDERED: 1. The sale of 578 E STREET, CARLISLE, PA 17013-1336 is postponed two months to the Sheriff's Sale scheduled for May 7, 2014; 2. Defendant's request for costs and fees associated with filing the above-referenced motion is denied; and 3. No further advertising or additional notice to lienholders or Defendant is required. However, the Sheriff is directed to announce the continuation to the assembled bidders. BY THE COURT: PH # 749623 DISTRIBUTION LEGEND TROY SELLARS, ESQUIRE ATTORNEY I.D. NO. 210302 PHELAN HALLINAN, LLP 126 LOCUST STREET HARRISBURG, PA 17101 TEL: (215) 563-7000 FAX: (215) 563-8656 Troy.Sellars @phelanhallinan.com AHANE H. HOBBS, ESQUIRE ATTORNEY I.D. NO. 312903 4 SOUTH 2ND STREET — 3RD FL, POTTSVELLE, PA 17901 TEL: (570) 628 — 2806 FAX: (570) 628-5008 ANNE L. COPPES 578 E STREET CARLISLE, PA 17013-1336 aory 40 2&feu-c2 CO S. /12 al. LEL 3//.2./bq 'Thzf77 PH # 749623 Law Office of Shane H. Hobbs, P. 4 South 2"d Street, 3rd FL Pottsville, PA 17901 Shane H. Hobbs, Esquire PA BAR II: 312903 570.628.2806 (Phone) 570.628.2806 (Fax) shane@shanehobbslawoffice.com T H iROfONJ 2011i MR —7 PN 3:23 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Defendant JPMorgan Chase Bank, National Association, Successor In Interest By Purchase From The Federal Deposit Insurance Corporation as Receiver of Washington Mutual Bank f/k/a Washington Mutual Bank, FA Plaintiff; VS. ANNE L. COPPES 578 E STREET CARLISLE, PA 17013-1336 Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No.2012-X3854- Civil DEFENDANT'S EMERGENCY MOTION TO STAY FORECLOSURE SALE COMES Now Defendant, by and through undersigned counsel and moves this Court to postpone the foreclosure sale and states as follows: 1. Defendant seeks to stay the sale of its primary residence set for March 12, 2014. 2. Defendant sought and received a trial period payment plan. 3 Defendant made all payments in accordance therewith and was provided a permanent modification. 4. Defendant accepted the modification and tendered a signed acceptance in consideration thereof. 5. Unfortunately, and to Defendant's detriment, JP Morgan Chase refused to accept the signed acceptance; and has, instead, proceeded to foreclosure. Defendant is in immediate threat of losing its home and seeks relief from this Court. 6. Lastly, Plaintiff is in violation of Reg. X § 1024.41 which prohibits dual tracking. WHEREFORE, Defendant respectfully requests that this Honorable Court Grant this Motion and enter and Order Postponing the Sheriff Sale Date set for March 12, 2014, and award to Defendant those costs and fees associated with the filing of this motion and any other remedy this Court deems necessary and reasonable. Date 'Len't Respectfully Sub Shane H. sss,Esq. Attorne for Defendant Bar #312903 4 South 2nd Street, 3rd Fl. Pottsville, PA 17901 P: 570.628.2806 F: 570.628.5008 shane@shanehobbslaw.office.corn JPMorgan Chase Bank, National COURT OF COMMON PLEAS OF Association, Successor In Interest By CUMBERLAND COUNTY, Purchase From The Federal Deposit PENNSYLVANIA Insurance Corporation as Receiver of Washington Mutual Bank f/k/a CIVIL DIVISION Washington Mutual Bank, FA Plaintiff, No.2012-43854- Civil vs. r ANNE L. COPPES 578E STREET r_ CARLISLE, PA 17013-1336 = Defendant. EMERGENCY MOTION TO POSTPONE FORECLOSURE SALE COMES Now Defendant, by and through undersigned counsel and moves this Court to postpone the foreclosure sale; and states as follows: 1. Defendant seeks to cancel or postpone the sale of its primary residence set for May7, 2014. 2. Defendant sought and received a trial period payment plan. 3. Defendant made all payments in accordance therewith and was provided a permanent modification. 4. Defendant accepted the modification and tendered a signed acceptance in consideration thereof. 5. Unfortunately, JP Morgan Chase refused to accept the signed acceptance; and has, instead,proceeded to foreclosure. 6. Defendant is in immediate threat of losing its home and seeks relief from this Court. WHEREFORE, Defendant respectfully requests that this Honorable Court Grant this Motion and enter and Order Postponing the Sheriff Sale Date set for May 7, 2014, and award to Defendant and any other remedy this Court deems necessary and reasonable. Respectfully Submitted, Date: Shan--am. Attorney for Defendant Bar#312903 4 South 2nd Street, 3`a Fl. Pottsville, PA 17901 P: 570.628.2806 F: 570.628.5008 shane @shanehobbslawoffice.com JPMorgan Chase Bank, National COURT OF COMMON PLEAS OF Association, Successor In Interest By CUMBERLAND COUNTY, Purchase From The Federal Deposit PENNSYLVANIA Insurance Corporation as Receiver of Washington Mutual Bank f/k/a CIVIL DIVISION Washington Mutual Bank,FA Plaintiff, No.2012-33854- Civil vs. ANNE L. COPPES 578 E STREET CARLISLE, PA 17013-1336 Defendant. CERTIFICATE OF SERVICE I, Shane H. Hobbs, attorney for Anne L. Coppes, have on the date indicated below, served by mail a true copy of the Answer To Complaint by United States Postal Service Regular Mail to the Plaintiff's Attorney Mario J. Hanyon, Esq., PHELAN HALLINAN & SCHMIEG, LLP, 1617 JFK Boulevard, Suite 1400, One Penn Center Plaza Philadelphia, PA 19103 Executed on May 1 2014, I declare under penalty of perjury that the forgoing is true and correct. Respectfully submitted, Shane H. Hobbs, E •. VERIFICATION I hereby verify, subject to the penalties of 18 Pa.C.S. § 4904 (relating to unworn falsifications to authorities), that the statements of fact contained in the foregoing Answer and New Matter to Plaintiffs Complaint in Mortgage Foreclosure, and which so not already appear of record in this matter, are true and correct to the best of my knowledge, information, and belief. This Verification is made based upon information supplied by Defendants and is made by counsel as a verification cannot be obtained by Defendants within the time required for filing this pleading. Respectfully submitted, Shane H. Hobb , squire 4 South 2nd Street, #303 Pottsville, PA 17901 570.628.2806 Bar#312903 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R AndersonFILED-(,it= F Sheriff ;.'" 11-1E i= RO i HUN° Jody S Smith Chief Deputy Richard W Stewart Solicitor ()FRU, OFThEii EFF 2f114 MAY -3 PM 2: CUMBERLAND COUNTY PENNSYLVANIA JP Morgan Chase Bank, NA vs. Case Number Anne L. Coppes 2012-3854 SHERIFF'S RETURN OF SERVICE 09/20/2013 03:09 PM - Deputy Jason Kinsler, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 578 E Street, Carlisle - Borough, Carlisle, PA 17013, Cumberland County. 09/20/2013 03:09 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Anne L. Coppes at 578 E Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 11/22/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/5/2014 01/27/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/12/2014 03/12/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 5/7/2014 05/07/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $732.18 SO ANSWERS, May 07, 2014 c) CountySu: e Stleriff, tele.,_ctt. inc. RNY R ANDERSON, SHERIFF � � 3o, /S' On August 1, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, Known and numbered as, 578 E Street, Carlisle, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: August 1, 2013 By: ccikce:_\._ Real Estate Coordinator i.f LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No. 2012-3854 Civil Term JP MORGAN CHASE BANK, NA vs. ANNE L. COPPES Atty.: Joseph Schalk By virtue of a Writ of Execution No. 12 -3854 -CIVIL, JPMORGAN CHASE BANK, NATIONAL ASSO- CIATION, SUCCESSOR IN INTER- EST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK f/k/a WASHINGTON MUTUAL BANK, FA v. ANNE L. COPPES owner(s) of prop- erty situate in the FIFTH WARD of the BOROUGH OF CARLISLE, CUM- BERLAND County, Pennsylvania, being 578 E STREET, CARLISLE, PA 17013-1336. Parcel No. 06-19-1645-037. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $184,719.53. 39 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 11, October 18 and October 25, 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 heis 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. (L� Marie Coyne, E1itor SWORN TO AND SUBSCRIBED before me this 25 day of October, 2013 41) - Notary NOTARIAL. SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 he Patriot -News Co. 2620 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 he patriotNews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 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. 2012.3854 Choi! Term JP MORGAN CHASE BANK, NA , tl Ii Ii►rrrFEI I ANNE L. COPPES Atty: Joseph Schalk By virtue of a Writ of Execution No. 12 -3854 -CIVIL - ' JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK, FA v. ANNE L. COPPES owner(s) of property situate in the FIFTH WARD of the BOROUGH OF CARLISLE, CUMBERLAND County, Pennsylvania, being 578 E STREET; CARLISLE, PA 17013-1336 Parcel No. 06-19.1645-037 (Acreage or street address) • Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $184,719.53 This ad ran on the date(s) shown below: 10/13/13 10/20/13 10/27/13 Sworn to and subscribed before rhe his 11 day of November, 2013 A.D. ti ary Public COMMONWEALTH OF PENNSYLV Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My EMBER, PENNSYssion Expires sANM Dec. 12, 2016 OCfAT1ON OF NOTA PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 JPMorgan Chase Bank, National Association, successor in interest by purchase from the federal deposit Insurance Corporation as Receiver of Washington Mutual Bank f/k/a Washington Mutual Bank, FA Plaintiff V. Anne L. Coppes Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 12 -3854 -CIVIL : CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $184,719.53 Interest from 06/11/2013 to Date of Sale ($30.36 per diem) TOTAL Note: Please attach description of property. PH # 749623 $16,424.76 elan H Paul Attorn nan, nan E P , Id. No.318079 or Plaintiff LEGAL DESCRIPTION All that certain tract of land situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania bounded and described as follows; Beginning at a point on the southern side of E Street, said point being the northeastern corner of Lot No. 89 of the Plan of Part of the Diehl Tract as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book Volume 11, page 16; thence by the southern side of E Street South 87 degrees 30 minutes East, 28.82 feet to a point; thence by the same of a curve to the right having a radius of 303.57 feet a distance of 50.25 feet to a point; thence by the same South 78 degrees 1 minute East, .93 feet to a point; thence by Lots Nos. 87 and 86 of the hereinafter mentioned plan of lots, South 4 degrees 48 minutes West, 153.89 feet to a point; thence North 76 degrees 31 minutes West, 74.95 feet to a point, the southeastern corner of Lot No. 89 aforesaid; thence by the eastern side of said Lot North 2 degrees 30 minutes East, 143.79 feet to the place of beginning. TITLE TO SAID PREMISES VESTED IN Anne L. Coppes, unmarried, by Deed from Robert A. Yeingst, a married man, dated 09/21/2007, recorded 09/25/2007 in Instrument Number 200737108. PREMISES BEING: 578 E Street, Carlisle, PA 17013-1336 PARCEL NO. 06-19-1645-037. PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.318079 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 paul.cressman@phelanhallinan.com 215-563-7000 N, iJ u i i f v i OTHONO TAI 281'--R AUG 22 M'="i 13: 21 CUMBERLAND COUNTY Y PENNSYLVANIA JPMorgan Chase Bank, National Association, successor in interest by purchase from the federal deposit Insurance Corporation as Receiver of Washington Mutual Bank f/k/a Washington Mutual Bank, FA Plaintiff v. Anne L. Coppes Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 12 -3854 -CIVIL . Cumberland County The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non -owner occupied the premises is vacant Act 91 procedures have been fulfilled Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Phelan . Ilin n, LLP Paul Cress , Esq., Id. No.318079 Attorney for ;' laintiff JPMorgan Chase Bank, National Association, successor in interest by purchase from the federal deposit Insurance Corporation as Receiver of Washington Mutual Bank f/k/a Washington Mutual Bank, FA Plaintiff V. Anne L. Coppes Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 12 -3854 -CIVIL CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 JPMorgan Chase Bank, National Association, successor in interest by purchase from the federal deposit Insurance Corporation as Receiver of Washington Mutual Bank f/k/a Washington Mutual Bank, FA, 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 578 E Street, Carlisle, PA 17013-1336. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably please so indicate) Anne L. Coppes 578 E Street Carlisle, PA 17013-1336 2. Name and address of Defendant(s) in the judgment: Name Anne L. Coppes Address (if address cannot be reasonably ascertained, please so indicate) 578 E Street Carlisle, PA 17013-1336 ascertained rrmC 7 %7 cn� Cd )›' c-) C? - C —4 N 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) Washington Mutual Bank 7255 Baymeadows Way Jacksonville, FL 32256 Washington Mutual Bank C/O Michael T. Mckeever, Esquire 701 Market Street Suite 500 - Mellon Independence Center Philadelphia, PA 19106 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. PH # 749623 if 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building Anne L. Coppes do Shane H. Hobbs, Esquire 578 E Street Carlisle, PA 17013-1336 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 4 South 2ND Street Ste 303 Pottsville, PA 17901 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: gt05(tLi PH # 749623 ,LLP Pau . essman Esq., Id. No.318079 Attorney P aintiff PHELAN HA LINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 JPMorgan Chase Bank, National Association, successor in interest by purchase from the federal deposit Insurance Corporation as Receiver of Washington Mutual Bank f/k/a Washington Mutual Bank, FA Anne L. Coppes vs. : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 12 -3854 -CIVIL Plaintiff : : Cumberland County Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY 'y r-rs G f1 3 TO: Anne L. Coppes Fes — 578 E Street Carlisle, PA 17013-1336 acs c. **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION'.OB`1''AINUD WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 578 E Street, Carlisle, PA 17013-1336 is scheduled to be sold at the Sheriff's Sale on 12/03/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $184,719.53 obtained by JPMorgan Chase Bank, National Association, successor in interest by purchase from the federal deposit Insurance Corporation as Receiver of Washington Mutual Bank f/k/a Washington Mutual Bank, FA (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1... If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 12 -3854 -CIVIL JPMorgan Chase Bank, National Association, successor in interest by purchase from the federal deposit Insurance Corporation as Receiver of Washington Mutual Bank f/k/a Washington Mutual Bank, FA v. Anne L. Coppes owner(s) of property situate in the CARLISLE BOROUGH, 5TH, CUMBERLAND County, Pennsylvania, being 578 E Street, Carlisle, PA 17013-1336 Parcel No. 06-19-1645-037. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $184,719.53 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION All that certain tract of land situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania bounded and described as follows; Beginning at a point on the southern side of E Street, said point being the northeastern corner of Lot No. 89 of the Plan of Part of the Diehl Tract as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book Volume 11, page 16; thence by the southern side of E Street South 87 degrees 30 minutes East, 28.82 feet to a point; thence by the same of a curve to the right having a radius of 303.57 feet a distance of 50.25 feet to a point; thence by the same South 78 degrees 1 minute East, .93 feet to a point; thence by Lots Nos. 87 and 86 of the hereinafter mentioned plan of lots, South 4 degrees 48 minutes West, 153.89 feet to a point; thence North 76 degrees 31 minutes West, 74.95 feet to a point, the southeastern corner of Lot No. 89 aforesaid; thence by the eastern side of said Lot North 2 degrees 30 minutes East, 143.79 feet to the place of beginning. TITLE TO SAID PREMISES VESTED IN Anne L. Coppes, unmarried, by Deed from Robert A. Yeingst, a married man, dated 09/21/2007, recorded 09/25/2007 in Instrument Number 200737108. PREMISES BEING: 578 E Street, Carlisle, PA 17013-1336 PARCEL NO. 06-19-1645-037. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHTINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK, FA Vs. NO 12-3854 Civil Term CIVIL ACTION — LAW ANNE L. COPPES WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $184,719.53 L.L.: Interest FROM 6/11/2013 TO DATE OF SALE ($30.36 PER DIEM) -$16,424.76 Atty's Comm: Atty Paid: $970.43 Other its: Plaintiff Paid: Date: 8/22/14 Due Prothy: $2.25 (Seal) REQUESTING PARTY: Name: PAUL CRESSMAN, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BLVD., SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 318079 David D. Buell, Prothonotary By: Deputy AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF JPMORGAN CHASE BANK, N.A. S/I/I TO WASHINGTON MUTUAL BANK, FA DEFENDANT ANNE L. COPPES SERVE ANNE L. COPPES AT: 578 E STREET CARLISLE, PA 17013-1336 SERVED CUMBERLAND COUNTY PH # 749623 SERVICE TEAM/ 1nm COURT NO.: 12 -3854 -CIVIL (") TYPE OF ACTION XX Notice of Sheriff's Sale --; ..13 SALE DATE: December 3, 2014 -. — i---- cf: —, —I --:. E5 11 r; , 20 , at :-- cp ed below: jo Served and made known to ANNE L. COPPE4efendant on the day of 10, o'clock fM., at \, manne desc X Defendant personally servfd. 1% le , Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. It), Other: Desc on: Age Go ght i Weight /076 Race UN Sex L.. , co ktenT a-dult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the c ioned case on the date and at the address indicated above. I understand that this statement is made subject to e pnies of 1a,eSec. 4904 relating to unsworn falsification to authorities. r Other •-•C) —n 31,0-553 DATE: NAME: PRINTED TITLE: rsa2crr49 NOT SERVED On the day of , 20_, at o'clock . M., I, state that Defendant NOT FOUND because: , a competent adult hereby Vacant Does Not Exist Moved Does Not Reside (Not Vacant) No Answer on at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. at BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.31`8079 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 paul.cressman@phelanhallinan.com 215-563-7000 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK, FA, Plaintiff, V. ANNE L. COPPES Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS . CIVIL DIVISION No.: 12 -3854 -CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form _ : Certified Mail Return Receipt stamped by the U.S. Postal Service is Date: iD/1.(11( 99 Pa Cressma , Esq., Id. No.318079 Attorne , or c laintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH # 749623 Name and Address Of Sender PhelanHa!linen, LLP. M. 1617 1FK Boulevard, Suite 1400 One Penn CenterPlana Pluladetphia, PA 19103 AZK/61t 'Line Article Number Name of Addressee, Street, and Post OfficeAddress i e x Posta wi ,e'1 ••= ; . it .a?„ s... TENANT/OCCUPANT 578E STREET CARLISLE, PA •17013.1336".1: • OF Vii ONO iftRY 21314 DEC -1, fir; 10: I I .#L' LJLI,!-/,t;u COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, N.A. S/I/I TO WASHINGTON MUTUAL BANK, FA Plaintiff v. ANNE L. COPPES Defendant(s) Attorney for Plaintiff : CIVIL DIVISION : No.: 12 -3854 -CIVIL NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriffs Sale scheduled for 12/03/2014 at 10:00 AM in the above -captioned matter has been continueduntil 03/04/2015 at 10:00 AM. /V/ Date: /L/ /[. PH # 749623 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, N.A. S/I/I TO WASHINGTON MUTUAL BANK, FA Plaintiff v. ANNE L. COPPES Defendant(s) CERTIFICATION OF SERVICE Attorney for Plaintiff : CIVIL DIVISION : No.: 12 -3854 -CIVIL I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriffs Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: ANNE L. COPPES C/O SHANE H. HOBBS 4 SOUTH 2ND STREET, STE 303 POTTSVILLE, PA 17901 Date: PH # 749623 12./,7A _ Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff