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HomeMy WebLinkAbout12-4248i-CiFFICE t r? PROTHONOTARY 'T 12 JU -9 f.%1 9: 27 CUMBERLAND COUNT' PENNSYLVANIA PHELAN HALLINAN & SCHMIEG, LLP Melissa J. Cantwell, Esq., Id. No. 308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE, BANK, NATIONAL ASSOCIATION 1111 POLARIS PARKWAY COLUMBUS, OH 43240 Plaintiff V. SHAWN M. MOOSE APRIL M. MOOSE 1559 SPRING ROAD CARLISLE, PA 17013-1586 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM No. , a- `-l ay 9 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 281029 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 #: 281029 I . Plaintiff is JPMORGAN CHASE BANK, NATIONAL ASSOCIATION 1111. POLARIS PARKWAY COLUMBUS, OH 43240 2. The name(s) and last known address(es) of the Defendant(s) are: SHAWN M. MOOSE APRIL M. MOOSE 1559 SPRING ROAD CARLISLE, PA 17013-1586 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/23/2006 SHAWN M. MOOSE and APRIL M. MOOSE made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR MEMBERS I ST FEDERAL CREDIT UNION which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1970, Page 4093. By Assignment of Mortgage recorded 04/16/2012 the mortgage was to JPMORGAN CHASE BANK., NATIONAL ASSOCIATION which Assignment is recorded in Assignment of Mortgage Instrument No. 201210897.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 i obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 281029 5 6 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2011 and each month thereafter are due and unpaid, and by the terms' of said mortgage, upon failure of Mortgagor to make such payments after a date specified; by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage as of 05/15/2012: Principal Balance $69,619.76 Interest $4,711.29 05/01/2011 through 05/15/2012 Late Charges $24.65 Property Inspections $173.00 Escrow Deficit ;$1,346.06 TOTAL $75,874.76 7 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon. File #: 281029 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $75,874.76, 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 B e lssa J. Cantwell, Esquire Attorney for Plaintiff File #: 281029 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with improvements thereon erected in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as per a survey dated January 10, 1992 by Fisher, Mowery and Rosendale, bounded and described as follows BEGINNING at a point on the right-of-way line of Carlisle Springs Road (SR0034); thence by a curve with a radius of 691.78 feet, a distance of 45.85 feet. to an iron pin; thence by property or formerly of Irvin E. and Debra Bidelspach, South 51 degrees 43 minutes 45 seconds East, 156.04 feet to an iron pin; thence along lands now or formerly of Abram C. and Kathleen M. Bert, South 39 degrees 21 minutes 25 seconds West, 29.51 feet to a fence post; thence North 57 Degrees 14 minutes 17 seconds West, 87.45 feet to an iron pin; thence North 58 degrees 26 minutes 10 seconds West, 67.85 feet to an iron pin, the place of BEGINNING. BEING known and numbered as 1559 Spring Road, Carlisle, Pennsylvania. PROPERTY ADDRESS: 1559 SPRING ROAD, CARLISLE, PA 17013-1586 PARCEL 4 29-18-1369-019 File #: 281029 N VERIFICATION On VV \/ , hereby states that he/she is Vice President 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. C,l Jc?( J'?cw?.w _ L Name: Darryl Harris DATE: Title: Vice President JPMORGAN CHASE BANK, NATIONAL ASSOCIATION File#: 281029 Name: MOOSE File #: 291029 FORM 1 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Plaintiff(s) vs. SHAWN M. MOOSE APRIL M. MOOSE Defendant(s;) C? IN THE COURT OF COMMON P46EXS N OF CUMBERLAND COUNTY, PENN$1ff A*A a y n .gy p ? = 4 -t - - >19 civil N _t 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 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 confer First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243- extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your 1 representative complete a financial worksheet in the format attached hereto, the legal representative will prepare an Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of th service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will ha opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with yo 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 1 conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a lega representative. However, you must provide your lawyer with all requested financial information so that a loan resole proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attach 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 conferen scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reaoo 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 Melissa J. Cantwell , Esquire Attorney for Plaintiff ..7 1 ri cD ` J 3a II to an is ble FORM 2 Date Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet 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 dete possible options while working with your counseling agency. Please provide the following information 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: State: Zip: Yes ? No ? Listing date: Price: $ -Realtor Phone: Yes ? No ? Home: Cell: State: -Zip: Office: Other: Email: # of people in household: _ How long? _ Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender: Type of Loan: Loan Number: Home: Cell: State:__Zip: 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 41: Model: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Other transportation (automobiles, boats, motorc cles : Model: Year: Amount owed: Value__ Monthly Income Name of Employers: I , Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): I. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car 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 (:are/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency:_ _ Year: Year: 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): Phone: Servicing Company (Name): Contact: Phone: I/We, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating; my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the 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 counseli, 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFICE OF THE $4ERIFF iL-CtFH4i F' TII P'R0T'F )T4 Y 2012 JUL 25 PM 3: 20 CUMIE'RLAN{I C?UNTY PEMNSYLVAN A JP Morgan Chase Bank, NA VS. Shawn Michael Moose (et al.) Case Numb 2012-4248 WWRIFF`3 RETURN OF SERVICE 07/12/2012 03:22 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on July 1 2012 at 1522 hours, he served a true copy of the within Complaint in Mortgage Foreclos re, upon the within named defendant, to wit: Shawn Michael Moose, by making known unto Ch ' Moose, Brother of Defendant at 3254 Spring Road, Carlisle, Cumberland County, Pennsylvania 1 013 its conl and at the same time handing to him personally the said true and correct copy of the same. RY N DE 07/16/2012 Ronny R. Anderson, Sheriff, who being duty swom according to law, sues that he made diligent search and inquiry for the within named defendant to wit: April M. Moose, but was unable to her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not as to the defendant April M. Moose. Request for service at 714 Hogestown Road, Mechanicsburg,' Pennsylvania 17050 the Defendant was not found. 07/16/2012 10:55 AM - William Cline, Corporal, who being duly sworn according to law, states that on', July 16, 201 al 1055 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: April M. Moose, by making known unto herself personally, at The Cumberland County Sher fPs Office, 1 Courthouse Square, Room 303, Carlisle, Cumberland County, nnsylvania 17013 its contents and at the same time handing to her personalty the said true and copy of the some. Deputies were advised, April M. Moose currently resides at 105 E. Alien / , Ap rtment 314, Mechanicsburg, Pennsylvania 17055. / et 07/16/2012 Ronny R. Anderson, Sheriff, who being duly swum according to law, states that he made a diligent sea and inquiry for the within named defendant to wit: Shawn Michael Moose, but was unable to locate hirr his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Shawn Michael Moose. Requst for service at 1559 Spring Road, Carlisle, Pennsylvania 170 is vacant. Shawn Michael Moose currently resides at 3254 Spring Road, Carlisle, Pennsyyvvania 17013 SHERIFF COST: $108.00 July 17, 2012 SO ANSWERS, j6z X0.1alo- RON R ANDERSON SHERIFF in (c) CountySOte Sheriff. Teleosoff. Inc. PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Plaintiff v. SHAWN M. MOOSE APRIL M. MOOSE Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 09/22/2012 to Date of Sale ($12.47 per diem) COURT OF COMMON PLEAS CIVII, DIVISION N0.:12-4248-CIVIL CUMBERLAND COUNTY 75 874.76 2 070.02 TOTAL Note: Please attach description of property. PHS # 281029 V ~~~, sold a~`"~- mar= ~ o ~. o0 \b3. ~S «« o << << ~ ~' S c~ ~~ ~,~ S ~~~ ~. .~ a a- ~~ u- ~~~~ y a~~ ,~~aP3~y 3 77 944.78 an Hallin & Schmieg, LLP Andrew J. Marley, Esq., Id. No.3123 l4 Attorney for Plaintiff .._, c:.~a €m~i .,. J .r _ r3 ' ., .i.-.~~ r:_1 --_:.~.~ .._.. _. ... 1 ` :. ~„, „'~', _ ~,. ., _.. _._.; T ~, .. ~ c~T D~ ~~-~../s~-~'ed 0 H U O w ~ O~ ~ a~ a ~' ca z ~F rO ~ ~ ~/ O 0 ~ F ~~ ~~ o~y ~ ~~ O ~U ~ ~ W o° o ~~ ~~A ~~ 0 ~~ Vi O ~ 3w a ~° ~~ U `' a I w -v a~ ~, .~ o a ~ a~ o ~ ~ .~ ~o W ''h FaM,~ ate., n q ~~ ~~U ~C7a Qd ~~ ~~w ~~~ ~~~ ~~ '~ C/JMU ~C+W„ Rye ~ p~i~ V rt sC U ~ ~ p ~.~ ~~~ ~'~w° ~~~ ,~ ~~ o ~q~ LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with improvements thereon erected in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as per a survey dated January 10, 1992 by Fisher, Mowery and Rosendale, bounded and described as follows: BEGINNING at a point on the right-of--way line of Carlisle Springs Road (SR0034); thence by a curve with a radius of 691.78 feet, a distance of 45.85 feet to an iron pin; thence by property now or formerly of Irvin E. and Debra Bidelspach, South 51 degrees 43 minutes 45 seconds East, 156.04 feet to an iron pin; thence along lands now or formerly of Abram C. and Kathleen M. Bert, South 39 degrees 21 minutes 25 seconds West, 29.51 feet to a fence post; thence North 57 Degrees 14 minutes 17 seconds West, 87,45 feet to an iron pin.; thence North 58 degrees 26 minutes 10 seconds West, 67.85 feet to an iron pin, the place of BEGINNING. TITLE TO SAI - awn~GLlVloose and April 1VI:Moose, by Deed- from Jeffrey M. Hannan, a married man, dated 10/23/2006, recorded 10/27/2006 in Book 277, Page 1567. PREMISES BEING: 1559 SPRING ROAD, CARLISLE, PA 17013-1586 PARCEL N0.29-18-1369-019 PHELAN HALLINAN & SCHMIEG, LLP Andrew J. Marley, Esq., Id. No.312314 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ~~ : _ . ~,;,, ~,~ ,~ '};ifs ~~:J~J~d ~il , JPMORGAN CHASE BANK, NATIONAL ASSOCI~'~-~=~e"a ~~ 1 ?~ Plaintiff v. SHAWN M. MOOSE APRIL M. MOOSE Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION N0.:12-4248-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 (X) 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. sy: an Hallinan chmieg, L Andrew J. Marley, Esq., Id. .3 l 4 Attorney for Plaintiff JPMORGAN CHASE BANK, NATIONAL ASSOCIATION . Plaintiff ~ i .. , ~ ~ , ~' ~~ . v. SHAWN M. MOOSE APRIL M. MOOSE Defendant(s) ~~ ~, ,. ,: r [ ~; • ~, i ~; ~ ;, f~~ . n "~~~r~~~ ;~~~;~j~ ~(t~~~~, , ~' . COURT OF COMMON PLEAS CIVIL DIVISION NO.: 12-4248-CIVIL CUMBERLAND COUNTY PHS # 281029 AFFIDAVIT PURSUANT TO RULE 3129.1 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, 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 1559 SPRING ROAD, CARLISLE, PA 17013-1586. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) SHAWN M. MOOSE APRIL M. MOOSE 3254 SPRING ROAD CARLISLE, PA 17013-8741 105 E ALLEN ST, APT 314 MECHANICSBURG, PA 17055 1559 SPRING ROAD CARLISLE, PA 17013-1586 714 HOGESTOWN ROAD MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) GE MONEY BANK 4246 S. RIVERBOAT ROAD, SUITE 200 SALT LAKE CITY, UT 84123 GE MONEY BANK 332 MINNESOTA STREET, SUITE 610 C/O JOSH L. RAMIREZ ST. PAUL, MN 55101 GE MONEY BANK 332 MINNESOTA STREET, SUITE 610 CIO MORTGAGE RECORDING DEPT. ST. PAUL, MN 55101 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 1559 SPRING ROAD CARLISLE, PA 17013-1586 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O. BOX 2675 DEPARTMENT AF 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 7 W. MAIN STREET APRIL M. MOOSE MECHANICSBURG, PA 17055 C/O GREGORY S. HAZLETT, ESQUIRE 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: o /~ By: elan Hallin & Schmieg, L Andrew J. Marley, Esq., Id. N .3 314 Attorney for Plaintiff JPMORGAN CHASE BANK, NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. N0.:12-4248-CIVIL SHAWN M. MOOSE APRIL M. MOOSE Defendant(s) CUMBERLAND COUNTY ._? NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: APRIL M. MOOSE 1559 SPRING ROAD CARLISLE, PA 17013-1586 SHAWN M. MOOSE 3254 SPRING ROAD CARLISLE, PA 17013-8741 APRIL M. MOOSE 105 E ALLEN ST, APT 314 MECHANICSBURG, PA 17055 APRIL M. MOOSE i.y~ T _.. ,. _.. ,.r:~ ~ ..., , ~.,.~ c ri °... ~„ '~ L .~. r__'~ 4 . _ ::~ c..~ , r ^.. ,~' - -; .. 714 HOGESTOWN ROAD MECHANICSBURG, PA 17050 * *THIS FIltM 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 1559 SPRING ROAD, CARLISLE, PA 17013-1586 is scheduled to be sold at the Sheriff s Sale on 03/06/2013 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $75,874.76 obtained by JPMORGAN CHASE BANK, NATIONAL ASSOCIATION (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 Sheriffls Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compazed to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may ca11215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a shaze 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) aze 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 with improvements thereon erected in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as per a survey dated January 10, 1992 by Fisher, Mowery and Rosendale, bounded and described as follows: BEGINNING at a point on the right-of--way line of Cazlisle Springs Road (SR0034); thence by a curve with a radius of 691.78 feet, a distance of 45.85 feet to an iron pin; thence by property now or formerly of Irvin E. and Debra Bidelspach, South 51 degrees 43 minutes 45 seconds East, 156.04 feet to an iron pin; thence along lands now or formerly of Abram C. and Kathleen M. Bert, South 39 degrees 21 minutes 25 seconds West, 29.51 feet to a fence post; thence North 57 Degrees 14 minutes 17 seconds West, 87.45 feet to an iron pin; thence North 58 degrees 26 minutes 10 seconds West, 67.85 feet to an iron pin, the place of BEGINNING. TITLE TO SAID PREMISES VESTED IN Shawn M. Moose and April M. Moose, by Deed from Jeffrey M. Hannan, a married man, dated 10/23/2006, recorded 10/27/2006 in Book 277, Page 1567. PREMISES BEING: 1559 SPRING ROAD, CARLISLE, PA 17013-1586 PARCEL N0.29-18-1369-019 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 12-4248-CIVIL JPMORGAN CHASE BANK, NATIONAL ASSOCIATION vs. SHAWN M. MOOSE APRIL M. MOOSE owner(s) of property situate in the TOWNSHIP OF NORTH MIDDLETON, Cumberland County, Pennsylvania, being (Municipality) 1559 SPRING ROAD. CARLISLE. PA 17013-1586 Parcel No. 29-18-1369-019 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING NDGMENT AMOUNT: $75,874.76 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-4248 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Plaintiff (s) From SHAWN M. MOOSE, APRIL M. MOOSE (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: $75,874.76 L.L.: $.50 Interest FROM 9/22/2012 TO DATE OF SALE ($12.47 PER DIEM) - $2,070.02 Atty's Comm: Due Prothy: $2.25 Atty Paid: $259.25 Other Costs: Plaintiff Paid: Date: 11/26/12 ~~~~~ ~L~~? ~„ /~ r % (//`.~ David D. Buell, Prothonot (Seal) /~ Deputy REQUESTING PARTY: Name: ANDREW J. MARLEY, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD. ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 312314 PRO cU,y,� . PM P '1V t�Vy'Q AA't PHELAN HALLINAN, LLP NIA Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff JP MORGAN CHASE BANK,NATIONAL ASSOCIATION Court of Common Pleas 1111 POLARIS PARKWAY COLUMBUS, OH 43240 Civil Division Plaintiff Term Vs. No. 2012-4248-Civil SHAWN M. MOOSE APRIL M. MOOSE Cumberland County 1559 SPRING ROAD CARLISLE,PA 17013 Defendants MOTION TO LIFT CONCILIATION STAY NUNC PRO TUNC AND CONFIRM DEFAULT JUDGMENT Plaintiff, JP Morgan Chase Bank, National Association, Successor (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay Nunc Pro Tunc and Confirm Default Judgment, and in support thereof avers as follows: 1. On July 9, 2012, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants for their failure to make monthly payments of principal and interest upon their mortgage due Junel, 2011 and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit A. 2. On July 12, 2012, Plaintiff completed service on Defendant, Shawn M. Moose, of the Complaint in Mortgage Foreclosure along with service of the Cumberland County 281029 Residential Mortgage Foreclosure Diversion Program Notice. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof and marked as Exhibit B. 3. On July 16, 2012, Plaintiff completed service on Defendant,April M. Moose, of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof and marked as Exhibit B. 4. As evidenced by Exhibit B, neither Defendant was served at the mortgaged premises. Based upon this fact, Plaintiff has confirmed the mortgaged premises is vacant. 5. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program,the Foreclosure action is stayed for sixty(60)days from the date of service. 6. Within 60 days after service of the complaint,the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request,the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty(20)days of receipt of notice if not represented by counsel. 7. If more than sixty(60)days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 8. Defendants failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty(60)days of service. 9. Due to Defendants' failure to opt in and the fact that the property was vacant, Plaintiff inadvertently proceeded with the entry of judgment prior to lifting the stay imposed by 281029 the Diversion Program on September 21, 2012. A true and correct copy of the Affidavit of Service is attached hereto,made part hereof and marked as Exhibit C. 10. Defendants received service of the Complaint,had an opportunity to enter the Diversion Program and had an opportunity to defend the foreclosure action,but opted instead to take no action whatsoever with respect to this matter. 11. Since Defendants have opted not to participate in the Diversion Program or litigated the instant foreclosure action, it is appropriate for the stay to be lifted nunc pro tunc and the judgment confirmed. WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program,the stay be lifted nunc pro tune, and the default judgment entered September 21, 2012 is hereby confirmed. Respectfully submitted, PHELAN HALLINAN, LLP Date: rs BY: e A296 (!Jt0h - Schalk, Esquire rn mey for Plaintiff 281029 Exhibit A 281029 t VD PHfiTAN HALLINAN&SCHMM,LLP Medbn L CUzmt Esq.,Id No.308912 1617 JFK:Bopievsrd,Sine 1400 one FOR PLAINTIFF ne Pmts C mw Plaza Pbdk 1pb6a,PA 19103 215-563-7000 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS 1111 POLARIS PARKWAY COLUMBUS,OH 43240 CIVIL DIVISION Plaintiff TERM v, NO. 8-VI/ SHAWN M.MOOSE APRIL M.MOOSE CUM[BE LAND COUNTY 1554 SPRING ROAD CARLISLE,PA 17413-1586 Defendants C 'LAI1�T—, r IN MOI,t` "A , ...�iC OEM '1• mgy pwe File : 291029 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#: 281029 1. Plaintiff is JPMORGAN CHASE BANK, NATIONAL ASSOCIATION 11 I I POLARIS PARKWAY COLUMBUS, OH 43240 2. The name(s)and last known address(es) of the Defendant(s) are: SHAWN M. MOOSE APRIL M.MOOSE 1559 SPRING ROAD CARLISLE,PA 17013-1586 who is/are the mortgagor(s)and/or real owner(s)of the property hereinafter described. 3. On 10/23/2006 SHAWN M. MOOSE and APRIL M. MOOSE made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR MEMBERS 1 ST FEDERAL CREDIT UNION which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1970, Page 4093. By Assignment of Mortgage recorded 04/16/2012 the mortgage was assigned to JPMORGAN CHASE BANK,NATIONAL ASSOCIATION which Assignment is recorded in Assignment of Mortgage Instrument No. 201210897.The mortgage and assignm-ent(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. File#: 282029 5.' The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 05/15/2012: Principal Balance $69'619.76 Interest $41711.29 05/01/2011 through 05/15/2012 Late Charges $24.65 Property Inspections $173.00 Escrow Deficit $1J46-06 TOTAL $75,874.76 7. Plaintiff is not seeking ajudgment of personal liability(or an in pqsonam judgment) against the Defendant(s) in the Action; however,Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s)has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of'Default as required by the mortgage document,as applicable,have been sent to the Defendant(s) on the date(s)set forth thereon. File 281029 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s)in the sum of $75,874.76,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 13 a J. Cantwell,Esq Ito' Attorney for Plaintiff File#: 281029 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with improvements thereon erected in North Middleton Township, Cumberland County,Pennsylvania,bounded and described as per a survey dated January 10, 1992 by Fisher, Mowery and Rosendale, bounded and described as follows: BEGINNING at a point on the right-of-way line of Carlisle Springs Road(SR0034); thence by a curve with a radius of 691.78 feet,a distance of 45.85 feet to an iron pin; thence by property now or formerly of Irvin E. and Debra Bidelspach, South 51 degrees 43 minutes 45 seconds East, 156.04 feet to an iron pin; thence along lands now or formerly of Abram C. and Kathleen M. Bert, South 39 degrees 21 minutes 25 seconds West, 29.51 feet to a fence post; thence North 57 Degrees 14 minutes 17 seconds West, 87.45 feet to an iron pin;thence North 58 degrees 26 minutes 10 seconds West, 67.85 feet to an iron pin,the place of BEGINNING. BEING known and numbered as 1559 Spring Road, Carlisle,Pennsylvania. PROPERTY ADDRESS: 1559 SPRING ROAD, CARLISLE,PA 17013-1586 PARCEL#29-18-1369-019 File N: 281029 VERIFICATION V `r te,,hereby states that he/she is Y e President of JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information, and belief, I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. , DATE: Name: Darryl Harris Title: Vice President JPMORGAN CHASE BANK, NATIONAL ASSOCIATION File#: 281029 Name: MOOSE File#: 281029 Exhibit B 281029 • SHERIFF'S OFFICE OF CUMBERLAND COUNTY Rormy R Anderson Shed!'' rt t+a� Jody S smoth CWDS" Richard W Slowart Salle crMaFOF r++w JP Morgan Chwsse Bank,NA Cpq Number vs. 2012-4248 Shown Michael Moose(et W.) SHERIFF'S RETURN OF SERVICE 07/12/2012 03:22 PM-Ryan Burgott,DWW Sheriff.who bong duly sworn awccordktp to law,*I**that on July 12, 2012 at 1522 hours,he served a true copy of the v&ft CornpWnt in Mots Forte,upon the wit ntsarttsd detatdad,to wit Shown Michool Moose,by r al ft known unto Chrislophst Wooss, Brother of Delendat at 3254 Spr tg Roast,CorMrls,Cumberland County,Pennsylianis 17013 No con twft and st the sorne time handing to him personally the sold true and mved oapy of the son RYAN BURGETT, 0711612012 Ronny R Anderson,Sheriff,who bebtp duly swam a000rci ft to iaw,stares that he mode s.d s�eaarch and k gmky 1brle wilt nnrad defer wtt to wit April M.Moose,but woo unable l o loco la her in his bas c. Helhend(m retume on within Con falaint In Ma li pe Foreclosure n not found as to the .40 dart$ApHI M.Moosse. Request ibr servals at 714 Hopsstrrwn Roar!„Mectanicsburg,Peatwilvenle 17050 the Defendant was not tbund. 07/1612012 10:65 AM-1N6Nean Cie,C"orad,who being duly swum according to law,states that on.duly 18,2012 at 1066 ha^he ser"sd o true cW of the wtft Complain t in�r Fes,upon the wilt nomad datternadyatf,to wt A jxN M.Moose,by nt�tp known unto hsae;pirtroraily,at rm CZsrtand Cw*Sheriff's Otte.I C mill muse Samav,Room 303,Csrlale,Curberlsnd Cots*,Pasaknlaeytrretis 17013 ft oortlante Dare!ant the same time hwW ft to her pwwn*the sold true send raxre l of the same. Deputises were advised,April M.Moose cunreaftiy resides at 105 E.Alien Apaabrant 314, Maectteniaburg,Pennsylvsnte 17055. VWOWCUNE,D831M 07/16012 It aocadfrg to low,etch that he made s diligent search loran wIft named dollrndent to wit Shawn NAdaMi Mm me,bed was a to locals him in ides-r. He#weft*netuna the within ComploNrt in Foreclosure as not fowtd as to the 401- An Shaewn Midi reel Moose. Requst for service st 1511th Road,Carlisle,Pa rmsoVerle 17013 is vsan L Shown Wheel Moose currently resides st 3254 Sprkg Road,Carlisle,Pennslyvrris 17013. SHERIFF COST:$106.00 80 ANSWERS, July 17,2012 RONIrY R ANDERSON, (a)C oty$Wr ShwK Tarawa.vr- Exhibit C 281029 .y PHF,LAN HALLINAN&SC 4P 44 FILED Attorney for Plaintiff Robert W.Cusick,Esq.,Id.No.80193 1617 JM Boulevard,Suite 14013 ?tit 21 Fit (; One Pena Cep Plum CU PhilsddpNau,PA 19103 A-40 �, i 215-563-7000 � Yt,y�*AW JPMMGAN CHASE BANK, : CUMBERLAND COUNTY NATIONAL ASSOCIATION COURT OF COMMON PLEAS CIVIL DIVISION SHAWN K MOOSE APRIL M.MOOSE No. 12-424&CCIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO AWNERAIWASWABWNTOIDAMAGES TO THE PROTHONOTARY: Kindly ewer jWVn t in favor of the Plaiat�`• �' for failure to Sle GUSIN1197151pow CwVhbt amain 20 days Am service thered and for foreclosum and sale of the mortgaged premises,and mess Plaitiff`s damages as follows: As set forth in Complaint $759874.76 TOTAL $75,874.76 I h eby wdify that(1)the Defer'lat known addresses are 1559 SPRING ROAD, CARLISLE,PA 17013-15 6,3254 SPRING ROAD,CARLISLE,PA 17013-8741,714 HOGESTOWN ROAD,MECHANICSBURG,PA 17050,and 105 E ALLEN ST,APT 314, MECHANICSBURG,PA 17055,and(2)that notice has been ' in accmxbm a with Rule PLR.C.P 237.1. Date #" rwv Ro Cusick,Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PROTHONOTARY 281029 i PHELAN HALLINAN&SCHMIEG,LLP Attorney for Plaintiff Robert W.Cock,Ei4.,Id.No.80193 1617 JFK Boulevard, Suite 1400 One Paw Center Plana Philadelphia,PA 19103 215-563-7000 JPMOPXvAN CHASE BANK, : CUMBERLAND COUNTY NATIONAL ASSOCIATION COURT OF COMMON PLEAS CIVIL DIVISION SBAWN K MOOSE APKM M.MOOSE No.12-4248-CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The wAarsigne d attorney hemby vesrifies that he/she is the attorney for ft Plaintiff m the above-captioned matter,and that on infaormation and belief;he/she has knowledge of The following facts,to wit: (a) that the defendants are not in the Military or Naval Service of The Used States or its AIHM or otherwise within the provisions of the Se vicememben Civil Relief Act of Congress of 1940,as amended. (b) that defendant SHAWN M. MOOSE is ova 18 years of age and resides at 1559 SPRING ROAD, CARLISLE,PA 17013-1586 and 3254 SPRING ROAD,CARLISLE,PA 170134741. {c} that defendant APRIL M.MOOSE is over 18 years of age and resides at 1559 SPRING ROAD,CARLISLE,PA 17013-1586, 714 HOOESTOWN ROAD, MEC KANICSBURG,PA 17050,and 105 E ALLEN ST,APT 314,MECHANIC BURG,PA 17055. This statement is made subject to the 18 Pa. C.S.Section 4904 relating to unsworn falsification to authorities. Date Robert W. k,Esquire Attorney for Plaintiff 281029 (Rule of Civil Procedure No. 236)-Revised JPMORGAN CHASE BANK,NATIONAL CUMBERLAND COUNTY ASSOCIATION COURT OF COMMON PLEAS vs. ' CIVIL DIVISION SHAWN M.MOOSE APRIL M.MOOSE No. 124248-CIVEL Notice is given that a Judgment in the above captioned matter has been entered against you on la By; If you have any questions concerning this matter please contact: Phelan Hallinan&Schmieg,LLP Robert W. Cusick,Esquire Attorney for Plaintiff 1617 JFK Boulevard,suite 1400 one Pecan Ceuta Pima Philadtlphia,PA 19103 215-563-7000 *� Tom"F f ISA DEBT COLLECTOR A7TEM'PTING TO COLLECTA DEBTAND AN'Y 1+"" ICMATIONORTAII"YED WILL BE USED FOR M4TPtf1R"FM IF YOU HA PH MIMME YRIsC',FrMA DISCMA GNRV BAMU+PM, 77M ffii`)WAND SHOULD BUT BE CCTIVST U D TO BEAIYATTE1 OT TO COLLE'CT A DEBT,BUT ONLYMPORCENENT OFAMENAGAINSTPROPERTY."� 291029 RECEIPT FOR PAYIMMT Cumberland Cguntyy Prothonotary's Office Re ce' t Tate 9�212012 Carlise, Pa 17013 Retie t Time 0:63:45 Recet No. 280952 JPMORGM CHASE BANK NATIONAL (VS) MOOSE SHAWN M ET AL Came 201.2-04248 Received or BPD H BY ATTY CUSICK Total Non-Cash. . . . . + 16.50 Check# 1229170 Camh. . . . . . . . . ± e. . .00 Receipt total. . . . . . - $16.50 ------------------------ Distribution Of Payment ----------------------_ ---- Transaction Description Payment Amount JDMT 16.50 CUMBERLAND CO GENERAL FUND $16.50 PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff JP MORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION 1111 POLARIS PARKWAY Civil Division COLUMBUS,OH 43240 Term Plaintiff Vs. No.2012-4248-Civil SHAWN M.MOOSE Cumberland County APRIL M.MOOSE 1559 SPRING ROAD CARLISLE,PA 17013 Defendants CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Motion to Lift Conciliation Stay Nunc Pro Tunc and Confirm Default Judgment, and proposed Order were sent via first class mail to the person listed below on the date indicated: SHAWN M.MOOSE APRIL M.MOOSE 3254 SPRING ROAD 105 E ALLEN STREET CARLISLE,PA 17013 MECHANICSBURG,PA 17055 Date: t BRo ph . Scha Esquire mey for Plaintiff 281029 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 12-4248-CIVIL SHAWN M.MOOSE APRIL M.MOOSE Defendant(s) CUMBERLAND COUNTY To the Prothonotary: ' Issue writ of execution in the above matter: C) r-ol Amount Due $75,874.76 C= Interest from 09/22/2012 to Date of Sale $4,339.56 �� ($12.47 per diem) TOTAL $80,214.32 , C-n 2 Ian al ' an LLP Allison Zucke rman,Esq.,Id.No.309519 Attorney for Plaintiff Note: Please attach description of property. PHS#281029 9 a?r, a 108. 00 cgF 776. 03 103. '15 1, 1(0. 50 0'18. 56 PD amI � / a CW-) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL ASSOCIATION Plaintiff V. SHAWN M.MOOSE APRIL M.MOOSE Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) F' d: Address where papers may be served: SHAWN M.MOOSE elan Hallinan I LP 3254 SPRING ROAD Allison F.Zuc rman,Esq.,Id.No.309519 CARLISLE,PA 17013 Attorney for Plaintiff APRIL M.MOOSE 105 E ALLEN STREET APARTMENT 314 MECHANICSBURG,PA 17055 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with improvements thereon erected in North Middleton Township, Cumberland County,Pennsylvania,bounded and described as per a survey dated January 10, 1992 by Fisher, Mowery and Rosendale,bounded and described as follows: BEGINNING at a point on the right-of-way line of Carlisle Springs Road(SR0034);thence by a curve with a radius of 691.78 feet,a distance of 45.85 feet to an iron pin;thence by property now or formerly of Irvin E. and Debra Bidelspach, South 51 degrees 43 minutes 45 seconds East, 156.04 feet to an iron pin;thence along lands now or formerly of Abram C.and Kathleen M.Bert, South 39 degrees 21 minutes 25 seconds West, 29.51 feet to a fence post;thence North 57 Degrees 14 minutes 17 seconds West, 87.45 feet to an iron pin; thence North 58 degrees 26 minutes 10 seconds West,67.85 feet to an iron pin,the place of BEGINNING. TITLE TO SAID PREMISES VESTED IN Shawn M. Moose and April M. Moose,by Deed from Jeffrey M.Hannan, a married man, dated 10/23/2006,recorded 10/27/2006 in Book 277,Page 1567. PREMISES BEING: 1559 SPRING ROAD,CARLISLE,PA 17013-1586 PARCEL NO.29-18-1369-019 PHELAN HALLINAN, LLP Attorneys for Plaintiff Allison F. Zuckerman, Esq., Id.No.309519 } 1617 JFK Boulevard, Suite 1400 OF WE PROTHONDTAWT One Penn Center Plaza Philadelphia, PA 19103 2013 MAY 1 I' Art t4'.55 215-563-7000 C HBERLAND C-oUNTv JPMORGAN CHASE BANK,NATIONAL A9§ J'G�IA�IONNA COURT OF COMMON PLEAS Plaintiff 4 CIVIL DIVISION V. NO.: 12-4248-CIVIL SHAWN M. MOOSE APRIL M. MOOSE D►efendant(s) CUMBERLAND COUNTY 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 ( ) thepremises 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: an H ,LLP llison F.Zuckerman,Esq.,Id.No.309519 Attorney for Plaintiff JPMORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS ASSOCIATION ILA" 0 i '� • Plaintiff 0 p01 NON CIVIL DIVISION V. �� '� NO.: 12-4248-CIVIL SHAWN M. MOOSE �} IBERL At�fl COt�P�T Y APRIL M. MOOSE PE�NSYI.��N1A CUMBERLAND COUNTY Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,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 1559 SPRING ROAD,CARLISLE,PA 17013-1586. 1. Name and address of Owner(s)or reputed Owner(s): Name �` Address(if address cannot be reasonably ascertained, please so indicate) SHAWN M.MOOSE 3254 SPRING ROAD CARLISLE,PA 17013 APRIL M.MOOSE 105 E ALLEN STREET APARTMENT 314 MECHANICSBURG,PA 17055 2. Name and address of Defendant(s)in the judgment: Name ;t; Address(if address cannot be reasonably ascertained,please so indicate) SHAWN M.MOOSE' 3254 SPRING ROAD CARLISLE,PA 17013 APRIL M.MOOSE 105 E ALLEN STREET APARTMENT 314 MECHANICSBURG,PA 17055 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) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) GE MONEY BANK,, 4246 S.RIVERBOAT ROAD,SUITE 200 SALT LAKE CITY,UT 84123 GE MONEY BANK 332 MINNESOTA STREET,SUITE 610 C/O JOSH L.RAMIREZ ST.PAUL,MN 55101 GE MONEY BANK 332 MINNESOTA STREET,SUITE 610 C/O MORTGAGE RECORDING DEPT. ST.PAUL,MN 55101 PHS #281029 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) 51 1 None. 6. Name and address of Ievery 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 1559 SPRING ROAD CARLISLE,PA 17013-1586 APRIL M.MOOSE C/O GREGORY S. 7 W.MAIN STREET HAZLETT,ESQUIRE MECHANICSBURG,PA 17055 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013. COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 . U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or informatioii and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswom falsification to authorities. k. ;3 Date: s. ay: ht! an,LLP on F.Zuckerman,Esq.,Id.No.309519 Attorney for Plaintiff .0 PHS # 281029 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO.: 12-4248-CIVIL SHAWN M. MOOSE APRIL M. MOOSE CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY C= TO: SHAWN M. MOOSE APRIL M. MOOSE <� 3254 SPRING ROAD 105 E ALLEN STREET CARLISLE,PA,17013 APARTMENT 314 MECHANICSBURG, PA 17055---t::) o ; "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMAIe 01,R AI13)ED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BAY'GICRUPTeV, 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 1559 SPRING ROAD,CARLISLE,PA 17013-1586 is scheduled to be sold at the Sheriff's Sale on 09/04/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$75,874.76 obtained by JPMORGAN CHASE BANK, NATIONAL ASSOCIATION(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 c._ 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. e 3. You may also'`be able to stop the sale through other legal proceedings. You may need an`attorney to assert your rights. The sooner you contact one,the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. S 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 toga 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. s' 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 WHEP&YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ;r IV SHORT DESCRIPTION By-virtue of a Writ of Execution No. 12-4248-CIVIL JPMORGAN CHASE BANK,NATIONAL ASSOCIATION V. SHAWN M.MOOSE APRIL M. MOOSE owner(s) of property situate in the TOWNSHIP OF NORTH MIDDLETON, CUMBERLAND County, Pennsylvania, being 1559 SPRING ROAD, CARLISLE, PA 1-7013-1586 Parcel No. 29-18-1369-019 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount:.$75,874.76 Attorneys for Plaintiff Phelan Hallinan, LLP .t: LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with improvements thereon erected in North Middleton Township, Cumberland County,Pennsylvania,bounded and described as per a survey dated January 10, 1992 by Fisher, Mowery and Rosendale,bounded and described as follows: BEGINNING at a point on the right-of-way line of Carlisle Springs Road(SR0034);thence by a curve with a radius of 691.78 feet,a distance of 45.85 feet to an iron pin;thence by property now or formerly of Irvin E. and Debra Bidelspach,South 51 degrees 43 minutes 45 seconds East, 156.04 feet to an iron pin;thence along lands now or formerly of Abram C.and Kathleen M.Bert,South 39 degrees 21 minutes 25 seconds West, 29.51 feet to.a fence post;thence North 57 Degrees 14 minutes 17 seconds West, 87.45 feet to an iron pin; thence North 58 degrees 26 minutes 10 seconds West,67.85 feet to an iron pin,the place of BEGINNING. TITLE TO SAID PREMISES VESTED IN Shawn M.Moose and April M. Moose,by Deed from Jeffrey M.Hannan, a married man, dated 10/23/2006,recorded 10/27/2006 in Book 277,Page 1567. PREMISES BEING: 1559 SPRING ROAD,CARLISLE,PA 17013-1586 PARCEL NO.29-18-1369-019 �j Z, f 4 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-4248 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, Plaintiff(s) From SHAWN M.MOOSE and APRIL M.MOOSE (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: $75,874.76 L.L.: Interest from 9/22/12 TO Date of Sale($12.47 per diem) -- $4,339.56 Atty's Comm: Due Prothy: $2.25 Atty Paid: $1,061.28 Other Costs: Plaintiff Paid: Date: 5/17/13 David D.Buell,Prothonota (Sea)) By: Deputy REQUESTING PARTY: Name: ALLISON F. ZUCKERMAN,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. 309519 AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK,NATIONAL ASSOCIATION PITS#281029 DEFENDANT SERVICE TEAM/lxh SHAWN M.MOOSE COURT NO.:12-4248-CIVIL APRIL M.MOOSE SERVE APRIL M.MOOSE AT: TYPE OF ACTION G" 105 E ALLEN ST XX Notice of Sheriffs Sale °'r, APT 314 SALE DATE: September 4,2013 t MECHANICSBURG,PA 17055 **DIVORCED-One cannot accept service for the other** `• SERVED Z ;r—=' Cl3 C+J _.? Se7d and made known to APRIL M.MOOSE,Defendant on the day of _ ,20 ,at -G ; a'ciock M.,at,bCLN ST lAl 3�' in the manner described below: t~ y, "• .Defendant personally served. Adult family member with whom Defendant(s)reside(s). C? tl�, Relationship is _Adult in charge of Defendant's residence who refused to give name or relationship. d� Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. _ Other: Description: Age t Height S Weight l�{S Race Sex F--Other 0e6o^ ,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: 1 NAME: �� PRINTED N�A,ME: � i�' TITLE: 1 p�"'CCSS S' NOT SERVED On the day of 20_,at o'clock_M.,I, ,a competent adult hereby state that a endant N'Z5T F UND 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: A_TTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 IFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 40TARY HIE PROT Hol Phelan Hallinan, LLP Zachary Jones, Esq., Id. No.310721 W13 JUL 2RT%R"N'- E'Y' FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYUAN'A Philadelphia,PA 19103 Zachary.Jones@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION Plaintiff Civil Division V. CUMBERLAND County SHAWN M. MOOSE No.: 12-4248-CIVIL APRIL M. MOOSE Defendants PLAINTIFFS MOTION TO REASSESS DAMAGES Plaintiff,by its Attorneys,Phelan Hallinan, LLP,moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on July 9, 2012. 2. Judgment was entered on September 21, 2012 in the amount of$75,874.76. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit"A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1),a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint,i.e.bringing the interest current. However,new items cannot be added at the time of entry of the judgment. 4. A Sheriffs Sale of the mortgaged property at 1559 SPRING ROAD, CARLISLE, PA 17013-1586 (hereinafter the "Property")was postponed or stayed for the following reason: 281029 a.)The Defendant, SHAWN MICHAEL MOOSE A/K/A SHAWN M. MOOSE and APRIL M. MOOSE, filed a Chapter 07 Bankruptcy at Docket Number 1:12-06823 on November 29,2012. Plaintiff obtained relief from the bankruptcy stay by order of court dated February 14,2013. A true and correct copy of the Relief Order is attached hereto,made part hereof, and marked as Exhibit "B". 5. The Property is listed for Sheriffs Sale on September 4,2013. 6. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $69,619.76 Interest Through September 4, 2013 $10,608.67 Late Charges $24.65 Legal fees $3,100.00 Cost of Suit and Title $1,539.85 Sheriffs Sale Costs $1,500.00 Property Inspections $327.00 Property Preservation $1,440.00 Mortgage Insurance Premium to be paid $208.00 Escrow to be paid $2,340.60 Escrow Deficit $4,622.39 TOTAL $95,330.92 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 9. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff s attached brief. 281029 10. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on July 15, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 11. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order to Lift Conciliation Stay dated April 17, 2013 . WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. 4Haloftnan DATE: By: squire R PLAINTIFF 281029 Phelan Hallinan, LLP Zachary Jones, Esq., Id. No.310721 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Zachary.Jones@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, NATIONAL Court of Common Pleas ASSOCIATION Plaintiff Civil Division V. CUMBERLAND County SHAWN M. MOOSE No.: 12-4248-CIVIL APRIL M. MOOSE Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 01P BACKGROUND OF CASE SHAWN M. MOOSE and APRIL M. MOOSE executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 1559 SPRING ROAD, CARLISLE, PA 17013-1586. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case,Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured,Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court,and the Property is currently scheduled for Sheriff's Sale. 281029 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. H. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a-judgment and to grant any relief until that judgment is satisfied. 20P.L.E., Judgments § 191. Stephensonv. Butts, 187 Pa.Super. 55, 59, 142A.2d319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc,MortgalZe Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and,in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must protect its collateral up until the date of sale. Beckman v.Altoona Trust Co., 332 Pa. 545,2 A.2d 826(1939). Because ajudgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 281029 Company v.Bums,414 Pa. 495,200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct ajudgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276(1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums,fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage,and Plaintiff has been forced to incur significant unjust financial losses on this loan. 111. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel,424 Pa. Super 53, 55, 621 A.2d 1036, 1037(1993). Signal Consumer 281029 Discount.Company v. Babuscio, 257 Pa. Super 101, 109, 390 A-2d 266,270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser,Plaintiff would receive the amount of the in rem judgment from the Sheriff. TV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested,and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire,Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 281029 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records,title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff s recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865);First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344(Pa. Super. 1979)., The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citico v.Morrisville Hampton ELalty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 281029 V11. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff s sale date, as their interests will be divested by the Sheriff s sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 281029 V111. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default,the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. 281029 Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX CONCLUSION Therefore,Plaintiff respectfully submits that if the enforcement of its tights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage,and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, DATE: By:. W Z Y Jo Esquire ttorne Plaintiff r, ,/Y /r�l 281429 Exhibit "A" . 281029 I'L ED-OFF IC PHELAN HALLINAN &SCBMIEGa�LW f'!. Attorney for P.laintiff Robert W. Cusick,Esq.,Id.No.80193 T'fWb TAR Y 1617 JFK Boulevard, Suite 1400 2012 SEP 1 A lAqTp One Penn Center Plaza AVEYFiLE GOPy Philadelphia,PA 19103 CUtpJJERLAND coutiry SE RETURN 215-563-7000 NNSYLVANIA JPMORGAN CHASE BANK, CUMBERLAND COUNTY NATIONAL ASSOCIATION COURT OF COMMON PLEAS VS. CIVIL DIVISION SHAWN M.MOOSE APRIL M.MOOSE No.124248;-CIVU, PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plain1aU*W&sfl$'J&P&M.MOOSE and APRIL M.MOOSE.Defendants for failure to file anK**6Eft H#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 $75,874.76 TOTAL $75,874.76 I hereby certify that(1)the Defendants'last known addresses are 1559 SPRING ROAD, CARLISLE,PA 17013-1586,3254 SPRING ROAD, CARLISLE,PA 17013-8741,714 HOGESTOWN ROAD, MECHANICSBURG,PA 17050,and 105 E ALLEN ST,APT 314, MECHANICSBURG,PA 17055,and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date Robe~Cusick,Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PROTHONOTARY 281029 Exhibit "B" 281029 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: SHAWN MICHAEL MOOSE BK.No.1:12-bk-06823 MDF Debtor Chapter No.07 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION Movant V. 11 U.S.C.§362 SHAWN MICHAEL MOOSE A/K/A SHAWN M.MOOSE and MARKIAN R.SLOBODIAN,ESQUIRE(TRUSTEE) Respondents ORDER GRANTING RELIEF FROM§362 AUTOMATIC STAY WITH RESPECT TO 1559 SPRING ROAD,CARLISLE,PA 17013-1586. Upon consideration of Motion of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION (Movant),it is: ORDERED AND DECREED: that Movant shall be permitted to communicate with the Debtor(s) and Debtor's counsel to the extent necessary to comply with applicable nonbankruptcy law;and it is further; ORDERED that Relief from the Automatic stay of all proceedings,as provided under 1 l U.S.C. §362 is granted with respect to, 1.559 SPRING ROAD, CARLISLE, PA 17013-1586(hereinafter the Premises) (as more fully set forth in the legal description attached to the Mortgage of record granted against the Premises), as to allow Movant,its successors or assigns,to proceed with its rights under the terms of said Mortgage;and it is further; ORDERED that Rule 4001(a)(3)is not applicable and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION may immediately enforce and .implement this Order granting Relief from the Automatic Stay. sy the G wr"t, Chief 8a*uptcy Judge (.ga) Dated: February 14, 2013 Case 1:12-bk-06823-MDF Doc 13 Filed 02/14/13 Entered 02/14/13 14:24:21 Desc Main Document Page 1 of 1 E 281029 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia,,PA. 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania July 12`h, 2013 SHAWN M. MOOSE APRIL M.MOOSE 3254 SPRING ROAD 1559 SPRING ROAD CARLISLE,PA 17013 CARLISLE,PA 17013-1586 RE-W. JPMORGAN CHASE BANK,NATIONAL ASSOCIATION v. SHAWN M. MOOSE and . APRIL M. MOOSE Premises Address: 1559 SPRING ROAD CARLISLE,PA 17013 CUMBERLAND County CCP,No. 12-4248-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment.Please respond to me within 5 days,by 7/18/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very 'tily ; a � t -: s s :., Id.No.310721 7zo dr, aintiff A 281029 i .S __ _... _ ....._ .... _._. .. .............. .. .._.._................._. ..............._...._...._. ..... -_.._.. ._..._.. .... _.. ._ ...._._. _, t , PHELAN HALLINAN, LLP 1617 Jolm F. Kennedy Boulevard Suite 1400 Philadelphia,PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan,LLP Representing Lenders in Pennsylvania f 3 July 12`h,2013 SHAWN M. MOOSE APRIL M.MOOSE 3254 SPRING ROAD 1559 SPRING ROAD CARLISLE,PA 17013 CARLISLE,PA 17013-1586 i RE:. JPMORGAN CHASE BANK,NATIONAL ASSOCIATION v. SHAWN M. MOOSE and APRIL M. MOOSE Premises Address: 1559 SPRING ROAD CARLISLE, PA 17013 CUMBERLAND County CCP,No. 12-4248-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your i concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days,by 7/18/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very t 'ily" Y 7Za Id.No.310721 rn .or .:aintiff 281029 N .i ame and Phelan Hallinan,LLP g ddress y 1617 JFK Boulevard,Suite 1400 ©,d f Sender One Penn Center Plaza Philadelphia,PA 19103 KVM ine Article Number Name of Addressee,Street and Post Office Address Postage 1 "*"* SHAWN M.MOOSE $0.45 +'+ 3254 SPRING ROAD f o r O55s CARLISLE PA 17013 � 234 3.9�No 2 «««« SHAWN M.MOOSE $0.45 �' o0 APRIL M.MOOSE 1559 SPRING ROAD CARLISLE,PA 17013-1586 i 3 ""** APRIL M.MOOSE $0.45 105 E ALLEN ST APT 314 In MECHANICSBURG PA 17055 -- 4 **** APRIL M.MOOSE $0.45 714 HOGESTOWN ROAD MECHANICSBURG PA 17050 q ro RE:SHAWN M.MOOSE CUMBERLAND PH#281029/1200 Pa e 1 of 1 ' ._ tai Numbs of Toml Numba of con - Pastemsta.per(Nome of The foe deeLntion of value is required cm all domestic and innostional registered man.The maximum' xes Listed by Sender Received at Post Office Receiving Employee) for the reeamtruction of tsmaegotiable doeameab ender Expnu Mal doememot reeooutactim inserevcdiaSS piece subject to e limit of$500,000 per oocartettoe.The maximum indemnity payable co Exprest Mail merchandise is$500. The nu cimtan indo mity payable is$23.000 for regivaed mail,ace-th optional iau neee.See Domestic Mail Muni 8900 S913 and 5921 for limitatma of orm 3877 Facsimile 281029 Phelan Hallinan, LLP Zachary Jones, Esq., Id. No.310721 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Zachary.Jones@phelaiihallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION Plaintiff Civil Division V. CUMBERLAND County SHAWN M. MOOSE No.: 12-4248-CIVIL APRIL M. MOOSE Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof,were sent to the following individuals on the date indicated below. SHAWN M. MOOSE SHAWN M. MOOSE 3254 SPRING ROAD APRIL M. MOOSE CARLISLE, PA 17013 1559 SPRING ROAD CARLISLE, PA 17013-1586 APRIL M. MOOSE 105 E ALLEN ST APRIL M. MOOSE APT 314 714 HOGESTOWN ROAD MECHANICSBURG, PA 17055 MECHANICSBURG,PA 17050 Phelan Hallinan,LLP DATE: `mot! By: Zac J e , quire A 0 OR PLAINTIFF 281.029 , A ° 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION Plaintiff Civil Division V. CUMBERLAND County SHAWN M. MOOSE No.: 12-4248-CIVIL APRIL M. MOOSE Defendants RULE AND NOW,this -zg a day of 2013, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY T COT J. c � ::o cnr- no C , r-:z ----i h ` C _ D C7 _CD. 281029 ti Zachary Jones,Esq.,Id.No.310721 ,Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215) 563-3459 -/SHAWN M. MOOSE /SHAWN M. MOOSE 3254 SPRING ROAD APRIL M. MOOSE CARLISLE, PA 17013 1559 SPRING ROAD CARLISLE, PA 17013-1586 (APRIL M. MOOSE 105 E ALLEN ST /APRIL M. MOOSE APT 314 714 HOGESTOWN ROAD MECHANICSBURG, PA 17055 MECHANICSBURG, PA 17050 281029 281.029 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL : Court of Common Pleas ASSOCIATION : Plaintiff • Civil Division • vs. • CUMBERLAND County SHAWN M. MOOSE • No.: 12-4248-CIVIL APRIL M. MOOSE : Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 29, 2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. SHAWN M. MOOSE SHAWN M. MOOSE 3254 SPRING ROAD APRIL M. MOOSE nCl' :1". CARLISLE, PA 17013 1559 SPRING ROAD .==^ CARLISLE, PA 17013-1586 -"'< __ � '---,'`, APRIL M. MOOSE : , 105 E ALLEN ST APRIL M. MOOSE ,M r APT 314 714 HOGESTOWN ROAD `--r r'::' MECHANICSBURG, PA 17055 MECHANICSBURG, PA 17050 7 r, Phelan .llinan, LP DATE: .V-1/3 By: /A / /I Jo . an M. Etkowicz, Esq., Id. No.208786 • orney for Plaintiff 774861 i Ct L 17 D-Of'HCE OF THE P"kTHONOTAR'Y Phelan Hallinan,LLP Jonathan Lobb, Esq., Id.No.3121742013 AUG 21 AM 10: 2�TTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza Philadelphia, PA 19103 PENNSYLVANIA Jonathan.Lobb @phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION Plaintiff Civil Division vs. CUMBERLAND County SHAWN M.MOOSE No.: 12-4248-CIVIL APRIL M. MOOSE Defendants MOTION TO MAKE RULE ABSOLUTE JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on July 25, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on July 12, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable Kevin A. Hess on or about July 29, 2013 directing the Defendants to show cause by August 19,2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on August 7, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 774861 5• Defendants failed to respond or otherwise plead by the Rule Returnable date of August 19, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan, LLP DATE: By: �ath�anLob�bEsqi., Id. No.3l,)T, Attorney for Plaintiff 774861 Exhibit "A" 774861 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1.400 Philadelphia,PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania July 12`h, 2013 SHAWN M. MOOSE APRIL M. MOOSE 3254 SPRING ROAD 1559 SPRING ROAD CARLISLE,PA 17013 CARLISLE,PA 1701.3-1586 RE: JPMORGAN CHASE BANK,NATIONAL ASSOCIATION v. SHAWN M. MOOSE and APRIL M.MOOSE Premises Address: 1559 SPRING ROAD CARLISLE,PA 1701.3 CUMBERLAND County CCP,No. 12-4248-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), 1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment.Please respond to me within 5 days,by 7/18/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very ly- la i y,t ' -s =asq., Id.No.310721 rne✓ r..`l aintiff EY CIO'..1ree r 281029 w � amc and Phelan Hallinan,LIP ddress 1617 JFK Boulevard,Suite 1400 f Sender One Penn Center Plaza Philadelphia,PA 19103 KVM ine Article Number Name of Addressee Street,and Post Office Address postage 1 «««« SHAWN M.MOOSE $0.45 3254 SPRING ROAD r ati CARLISLE,PA 17013 do 2 """" SHAWN M.MOOSE $0.45 X APRIL M.MOOSE 1559 SPRING ROAD CARLISLE,PA 17013-1586 3 «««" APB,M.MOOSE $0.45 105 E ALLEN ST APT 314 MECHANICSBURG PA 17055 4 *""• APRIL M.MOOSE $0.45 714 HOGESTOWN ROAD MECHANICSBURG PA 17050 b RE:SHAWN M.MOOSE CUMBERLAND PH#281029/1200 Page 1 of 1 $1.80 t.l Nombor of ToW Nmebcof Piows Poaaetaac,Par(Name of 76o fdl daolaatima of value is required m all domestic std imaomimd mgistamd mail.7U mtaximmn' toes Listed by Sender Reoeivod at Pmt OIKoe Rocaiving Employee) for the moomtructlaa of amaegotieble docamam s mwW Express Mail dat:mamt recomaoctioo itmvtamcd' piety mlryect b a Emit of MAM por 0000neaoe.7k maximum indenmity payable oo Expects Mail memhaodise is$SOU. The marl—indsomity payable Is$25,000 for re®staed man.ow with optional instmnx Sm Domade Mail Mutual ROM 5917 cad 5921 for limitations of orm 3877 Facsimile 281029 Exhibit "B" 774861 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION Plaintiff Civil Division V. CUMBERLAND County SHAWN M. MOOSE No.: 12-4248-CIVIL APRIL M. MOOSE Defendants Itu 11 E AND NOW, this , day«1. 2013, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY°lTlf: COURT J. G: .J 281029 Exhibit "C" Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq.,Id..No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 7PMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION Plaintiff Civil Division VS. CUMBERLAND County SHAWN M. MOOSE No.: 12-4248-CIVIL APRIL M. MOOSE Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 29,2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. SHAWN M.MOOSE SHAWN M. MOOSE rn CO 3254 SPRING ROAD APRIL M.MOOSE ,: CARLISLE,PA 17013 1559 SPRING ROAD . L CARLISLE,PA 17013-15 86 = APRIL M. MOOSE = Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION Plaintiff Civil Division VS. CUMBERLAND County SHAWN M. MOOSE No.: 12-4248-CIVIL APRIL M. MOOSE Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. SHAWN M. MOOSE SHAWN M. MOOSE 3254 SPRING ROAD APRIL M. MOOSE CARLISLE, PA 17013 1559 SPRING ROAD CARLISLE,PA 17013-1586 APRIL M. MOOSE 105 E ALLEN ST APRIL M. MOOSE APT 314 714 HOGESTOWN ROAD MECHANICSBURG, PA 17055 MECHANICSBURG, PA 17050 Phelan Hallinan, LLP DATE: 23 k3 By: Jo an Lobb, Esq.,Id.No.312174 Attorney for Plaintiff 774861 LJ PHELAN HALLINAN,LLP C(313 l G e �fo G torny for Plaintiff JOSEPH E.DEBARBERIE,Esq.,Id.No.315421 CUs,1BE tLANID COUNTY 1617 JFK Boulevard,Suite 1400N��YLyANIA One Penn Center Plaza Philadelphia,PA 19103 josephe.debarberie@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL CUMBERLAND COUNTY ASSOCIATION Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION SHAWN M.MOOSE No.: 12-4248-CIVIL APRIL M.MOOSE 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". SEPH E.DEBARBERIE,Esq.,Id.No.315421 I orney 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#774861 s JPMORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS ASSOCIATION Plaintiff CIVIL DIVISION V. NO.: 12-4248-CIVIL SHAWN M.MOOSE APRIL M.MOOSE CUMBERLAND_ COUNTY Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,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 1559 SPRING ROAD,CARLISLE,PA 17013-1586. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) SHAWN M.MOOSE 3254 SPRING ROAD,CARLISLE,PA 17013 APRIL M.MOOSE 1559 SPRING ROAD,CARLISLE,PA 17013-1586 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) SHAWN M.MOOSE 3254 SPRING ROAD CARLISLE,PA 17013 APRIL M.MOOSE 105 E ALLEN ST,APT 314 MECHANICSBURG,PA 17055 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) PORTFOLIO RECOVERY ASSOCIATES 140 CORPORATE BOULEVARD LLC NORFOLK,VA 23502 PORTFOLIO RECOVERY ASSOCIATES LLC APOTHAKER&ASSOCIATES PC C/O DAVID APOTHAKER 520 FELLOWSHIP ROAD#C306 MT.LAUREL,NJ 08054 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) GE MONEY BANK 4246 S.RIVERBOAT ROAD,SUITE 200 SALT LAKE CITY,UT 84123 GE MONEY BANK C/O JOSH L.RAMIREZ 332 MINNESOTA STREET,SUITE 610 ST.PAUL,MN 55101 PH#774861 GE MONEY BANK C/O MORTGAGE 332 MINNESOTA STREET,SUITE 610 RECORDING DEPT. ST.PAUL,MN 55101 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) NORTH MIDDLETON AUTHORITY C/O MARTSON LAW OFFICES HUBERT X GILROY,ESQ. 10 EAST HIGH STREET CARLISLE,PA 17013 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) TENANTIOCCUPANT 1559 1 SPRING ROAD CARLISLE,PA 17013-1586 APRIL M.MOOSE 105 EAST ALLEN STREET APARTMENT 314 MECHANICSBURG,PA 17055-3395 APRIL M.MOOSE C/O GREGORY S. 7 W.MAIN STREET HAZLETT,ESQUIRE MECHANICSBURG,PA 17055 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105, INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 PH#774861, U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: By:Dr�c V telan Hallinan,LLP SEPH E.DEBARBERIE,Esq.,Id.No.315421 orney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#774861 and Phelan Hallinan,LLP { �s 1617 JFK Boulevard,Suite 1400 f to ;11dtr One Penn Center Pta� }' � to N Philadelphia,PA 19103 AZKIJSG-09/0412013 SALE �`,',' N t* Article Number Name of Ad Street,and Post Office Address Poa c C v �' C) "•' NORTH MIDDLETON AUTHORITY C!O HUBERT X GILROY,ESQ. WAS ` MARTSON LAW OFFICES w R m 10 EAST HIGH STREET ," CARLIS PA 17013 11A1 acs f PORTFOLIO RECOVERY ASSOCIATES LLC S0.4S .-*!u cu°o 140 CORPORATE BOULEVARD ioo NORFOLK,VA 23502 `•+• PORTFOLIO RECOVERY ASSOCIATES LLC C/O DAVID APOTHAKER 50.45 APOTHAKER&ASSOCIATES PC 520 FELLOWSHIP ROAD#C306 MT.LAUREL,NJ 08054 . j 7. RE:SHAWN M.MOOSE CUMBERLAND PH#77486111026 Page 1 of 1 45 DA $135 fie!or Tbia1 Nwoba of ftoes Po'm"We.M�r�M,,.�ama or lu full darim ion of"lee is RQ{YIC�nC atl ddawtic and iran,rtionl ir��iatteftd mail.Tbt•vdaaa i���'� �I .h*d by$endv aSCjKd at htt D17oe itt«inn3�•a+�ml for the toCglfQOCllon Of P6fi['fOl(a11le doanocros e+dcr Ev=Lral1 doctimm noomtrunino imwaa pkte mb}x1 to•tlmh of$500.000 bk i pa occvrrcmt.mt¢maximum l witb opt ocal fi m Sa Mum Tle minimum Fedamrriry pya6M is 525,(M)0&fr etpiatered mail.sent rith spinal tmurarct.Set Dom y7 RM 5913 id 5921 for 6.6atim ter n 3877 Facsimile ii I I 74861 Name and Phelan Hallinan,LLP Address y 16171PK Boulevard,Suite 1400 i p N Of Sender One Penn Center Plaza O Philadel hia,PA 19103 AMMAN-09/04/2013 SALE `' Line Article Number Name of Addressee,Str4ee4 and Post Office Address Postage • O I ***" TENANT/OCCUPANT $0.45 i�R m 1554 SPRING ROAD a CARLISLE.PA 17013-1596 2 APRIL M.A9005E I ws� 105 EAST ALLEN STREET $0.45 0 �NOO APARTMENT 314 MECHANICSBURG PA 17055.3395 rl 3 ***" APRIL M.MOOSE CIO GREGORY S.HAZLETTi ESQUIRE $0.45 7 W.MAIN STREET MECHANICSBURG PA 17055 4 *""« GE MONEY BANK $0.45 "'t 4246 S.RIVERBOAT ROAD,SUITE 200 * --- SALT LAKE CITY UT 84123 r . 5 **** GE MONEY BANK C/O JOSH L.RAMIREZ :$0.45 332 MINNESOTA STREET,SUITE 610 �� ` ST.PAU MN 55701 }y O 6 "*** GE MONEY BANK C/O MORTGAGE RECORDING DEPT. _ « 332 MINNESOTA STREET,SUITE 610 � A ST.PAUL, ?7 MN 55101 q/, 11 7 ***" DOMESTIC RELATIONS OF $0.45 ; CUMBERLAND COUNTY 13 NORTH HANOVER STREET w CARLISLE,PA 17013 l 8 """* COMMONWEALTH OF PENNSYLVANIA $0.45 DEPARTMENT OF WELFARE P.O.BOX 2675 ' HARRISBURG PA 17105 1 9 **"" INTERNAL REVENUE SERVICE ADVISORY $0.45 I000 LIBERTY AVENUE ROOM 704 PITTSBURGH PA 15222 10 **"* U.S.DEPARTMENT OF JUSTICE $0.45 U.S.ATTORNEY FOR THE MIDDLE DISTRICT OF PA + FEDERAL BUILDING j 228 WALNUT STREET,SUITE 220 i PO BOX 71754 t HARRISBURG PA 17109.1754 GYN1Gi'1VfOOSE CUMBERLAND PHS it 281029/1021 Page 1 of I Writ Team 1$4.50 ! Taal Numberef Total Nuttberof Pieces Poatnaster,rer(Nameof TIN:NO dcslaruionotr�lue is required on all dom.tk and haetrntionl registered maiL The maximum indemnity payable Pis.Lined by Sealer Received at Post Ottice Rc-.Mrg Employee) for the rwordu milon cf rx me ixbk documents urder Pot' hkpress Mail doeunem ruonnructkn insuarec b SS6.000 per pirce subjed to a limit of 5500,000 per oceurres The maximurc inde"w ity payab4 mn Upres Mail merchandiu is$506. Tlr maximum indemnity payabk is SYS,000 for rePistcrrd mail,aru vdh opioml inwonee.See Domenic Mail Marwt R900S913aMS92lforlimitm;crosofeovxra . Farm 3877 Facsimile � Name and Phelan Hallinan,LLP Address 1617 JFK Boulevard,Suite 1400 o r s Of Sender One Penn Center Plaza o Philadelphia,PA 19103 AMMAN-09/04!2013 SALE r � Line Article Number Name of Addressee Street. and Post Office Address Postage 1 +++* TENANT/OCCUPANT 1554 SPRING ROAD 64 CARLISLE,PA 17013-1586 0 2 ++++ APRIL M.MOOSE $0.45 105 FAST ALLEN STREET l APARTMENT314 MECHAMCSBURG PA 17055-3395 m ^'O° 3 **** APRIL M.MOOSE C/O GREGORY S.HAZLETT,ESQUIRE $0,45 7 W.MAIN STREET MECHANICSBURG PA 17055 4 ++++ GE MONEY BANK 50.45 4246 S.RIVERBOAT ROAD,SUITE 200 SALT LAKE CITY UT 84123 _a 5 "••• GE MONEY BANK C/O JOSH LRAMIREZ 50,45 e 332 MINNESOTA STREET,SUITE 610 ST.PAUL MN 55101 J 6 *"•* GE MONEY BANK CIO MORTGAGE RECORDING DEPT. $0,45 6 332 MINNESOTA STREET,SUITE 610 41/3 ST.PAU MN 55101 7 ++,+ DOMESTIC RELATIONS OF $0.45 CUMBERLAND COUNTY ' 13 NORTH HANOVER STREET i CARLISLE.PA 17013 8 +*++ COMMONWEALTH OF PENNSYLVANIA 50,45 DEPARTMENT OF WELFARE P.O.BOX 2676 HARRISBURG PA 17105 9 *«** INTERNAL REVENUE SERVICE ADVISORY $0.45 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH PA 15222 10 +*•* U.S.DEPARTMENT OF JUSTICE 50.45` U.S.ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET,SUITE 220 PO BOX 11754 HARRISBURG PA 17108-1754 RE:SHAWN M.MOOSE CUMBERLAND PHS 9 281029/1021 Pa e.1 of 1 Wr1t Team t 54.50 Taal Ntmtber of 329fRper af.Pieca Pmtmaaer,per tNMe of The full dmL-6moof value is mivaed m all domestic aM mk=w..al fe&awl w4.The maximum indemnity payable Fieen Ustodby Sender ReoewdwF.Aorr. Reccivina Employee) _ fm the eewm�tmelimo ofnotmetotiabk doeumemet miler . - Esmss Mn1 document semutnsmion immanme 6550.000 Per pia abiea to a limit of 5300,000 Fm oeemrrersce.The maximum indenmity payable m Exp=Mail mercbaediw is SSW. The maximum indemnity myabk is$25,000 forft&kTal mail,seas with optimal iman Soo tbmeak Maa Mama! R9MS913MAS921(orlimilmiomofwvttW { Form 3877 Facsimile t . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,.PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION Plaintiff Civil Division VS. CUMBERLAND County SHAWN M.MOOSE No.: 12-4248-CIVIL APRIL M. MOOSE Defendants ORDER AND NOW, this 2J?'day of 14,*.*1- , 2013,upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $69,619.76 Interest Through September 4,2013 $10,608.67 Late Charges $24.65 Legal fees $3,100.00 Cost of Suit and Title $1,539.85 Sheriffs Sale Costs $1,500.00 Property Inspections $327.00 Property Preservation $1,440.00 Mortgage Insurance Premium to be paid $208.00 Escrow to be paid $2,340.60 C: xrn ='�o C3 'r- C.0 774861 r r , Escrow Deficit $4,622.39 TOTAL $95,330.92 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY TH COURT: J. 8+�_ 774861 AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK,NATIONAL ASSOCIATION PHS#281029 DEFENDANT SERVICE TEAM/Ixh SHAWN M.MOOSE COURT NO.: 12-4248-CIVIL G% APRIL M.MOOSE -�-� � r � SERVE SHAWN M.MOOSE AT: TYPE OF ACTION 3254 SPRING ROAD XX Notice of Sheriff's Sale W ors CARLISLE,PA 17013 SALE DATE: September 4,201 - d 50 C13 **DIVORCED-One cannot accept service for the other** 0 Y A SERVED p S � CT, Served and mad known to SHAWN M.MOOSE,Defendant on the?day of,�U 20 .��, Q parr 2 ,o'clock,M.,at 3 5�- SFO & "AD ,in the manner described below: � Defendant personally served. �' _Adult family-member with whom Defendant(s)reside(s). -< Relationship is. _Adult in charge of.Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company.. Other: Description: Age S Height_ weight- Race�'wSex Other. I, NEEUtA 17f✓( ; ,a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner asset 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. ` o HS DATE.. NAME:/1-M �2 PRINTED NAME: �`�1 � TITLE:WE:& NOT SERVED On the day f ,20_,at o'clock_.M.,I,. ,a competent adult hereby state that—Defendant ecause: _Vacant Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at ;"., jj At . .,Service Refus �t 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 FLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia;PA 19103 (215)563-7000 ti SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff P �r Jd ?" THE Pf'�OTi ONOT .F,,' �p,ti�tz+ df Cacir�6r' 4 Jody S Smith Chief Deputy 2013 NOV 2 2 AN 8' 10°� A Richard W Stewart 11P�SERl1 lC�t�f 1� Y S011CItOf Opp iCEpFTHESR.ERIFF 1-ENIHSJYLVAiliA JP Morgan Chase Bank, NA vs. Case Number April M. Moose (et al.) 2012-4248 SHERIFF'S RETURN OF SERVICE 07/03/2013 03:29 PM - Deputy Ronald Hoover, 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 DALE AMSPACHER (AIC), who accepted as"Adult Person in Charge"for Shawn Michael Moose at 3254 Spring Road, Middlesex Township, Carlisle, PA 17013, Cumberland County. 07/03/2013 04:05 PM- Deputy William Cline, 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: April M. Moose at 107 E Allen Street, Apt 314, Mechanicsburg, PA 17055, Cumberland County. 09/05/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA on September 04, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Joseph Schalk , on behalf of Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $808.27 SO ANSWERS, November 20, 2013 RbNOY R ANDERSON, SHERIFF a as, pd. Co. (c)CountySuite Sheriff,Teleosoft,Inc. On June 10, 2013 the Sheriff levied upon the ' defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA, Known and numbered as, 1559 Spring Road, Carlisle, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: June 10, 2013 By: Real Estate Coordinator 00 =b V IZl,tNfIOZ LXII 30 CUMBERLAND LAW JOURNAL 07/26/13 2012-4248 Civil Term JP MORGAN CHASE BANK,NA VS. APRIL M.MOOSE, Shawn Michael Moose Atty.:Joseph Schalk By virtue of a Writ of Execution No. 12-4248-CIVIL, JPMORGAN CHASE BANK,NATIONAL ASSOCIA- TION v. SHAWN M. MOOSE, APRIL M. MOOSE owner(s) of property situate in the TOWNSHIP OF NORTH MIDDLETON,CUMBER AND County, Pennsylvania, being 1559 SPRING ROAD, CARLISLE,PA 17013-1586. Parcel No. 29-18-1369-019. Improvements thereon:RESIDEN- TIAL DWELLING. Judgment Amount:$75,874.76. 77 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,Esquires Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 26, August 2 and August 9, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyne, Vitor SWORN TO AND SUBSCRIBED before me this 9 dav of August, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. • A' 1900 Patriot Drive Mechanicsburg, PA 17050 Inquiries - 717-255-8213 Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. 2012.4248 Chdl Term JP MORGAN CHASE BANK,NA This ad ran on the date(s)shown below: Vs. APRIL M.MOOSE 07/28/13 Shawn Michael Moose Atty. Joseph Schalk 08/04/13 By virtue of a Writ of Execution No. 08/11113 124248 CIVIL JP MORGAN CHASE BANK,NATIONAL ASSOCIATION . . V. SHAWN M.MOOSE APRIL M.MOOSE Swor ay of August, 2013 A.D. owner(s) of property situate in the TOWNSHIP OF NORTH MIDDLETON, CUMBER AND County, Pennsylvania, being 1559 SPRING ROAD, CARLISLE, PA Public 17013-1586 Parcel No.29-18.1369-019 (Acreage or street address) Improvements thereon: RESIDENTIAL COMMONWEALTH OF PENNSYLVANIA DWELLING Judgment Amount:$75,874.76 Notarial Seal Holly Lynn Warfel,Notary Public Washington Twp.,Dauphin County My Commission Expires Dec.12,2016 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal National Mortgage Association is the grantee the same having been sold to said grantee on the 4th day of September A.D., 2013, under and by virtue of a writ Execution issued on the 17th day of May, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 4248, at the suit of JP Morgan Chase Bank,N.A. against Shawn M. Moose and April M. Moose is duly recorded as Instrument Number 201337493. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this al day of ►�c� , A.D. 2oi3 Recorder of Deeds Recorder of s, mbeerland County,Cadisle,PA My Commission ires the Fast Monday of Jan.2014