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HomeMy WebLinkAbout12-4298fV r ac _ GO PHELAN HALLINAN & SCHMIEG, LLP Mario J. Hanyon, Esq., Id. No.203993 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION S/B/M TO CHASE MORTGAGE COMPANY 1111 POLARIS PARKWAY COLUMBUS, OH 43240 Plaintiff v. KARL L. DUNKLEBERGER 108 SOUTH 2ND STREET WORMLEYSBURG, PA 17043-1312 Defendant ATTORNEY FOR COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. la - q0198 ONO -Aem CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE Q A103.15 PO 4 e? ?ao?ss3 ,2* a 778a/ File #: 250763 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 }ou 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 #: 250763 1. Plaintiff is JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION S/B/M TO CHASE MORTGAGE COMPANY 1111 POLARIS PARKWAY COLUMBUS, OH 43240 2. The name(s) and last known address(es) of the Defendant(s) are: KARL L. DUNKLEBERGER 108 SOUTH 2ND STREET WORMLEYSBURG, PA 17043-1312 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/31/2001 KARL L. DUNKLEBERGER made, executed and delivered a mortgage upon the premises hereinafter described to MEMBERS 1 ST FEDERAL CREDIT UNIO. which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1729, Page 1077. By Assignment of Mortgage recorded 10/25/2002 the mortgage was assigned to CHASE MORTGAGE COMPANY which Assignment is recorded in Assignment of Mortgage Book 691, Page 1351.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 it obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 250763 6 The following amounts are due on the mortgage as of 04/30/2012: Principal Balance $61,173.85 Interest $11,062.35 10/01/2009 through 04/30/2012 Late Charges $447.40 Property Inspections $42.00 Property Preservation $14.00 Escrow Deficit $4,737.23 Subtotal $77,476.83 Suspense Credit $237.02 TOTAL $77,239.81 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 #: 250763 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $77,239.81, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: Z?? , /"/ &' ,, Mario J. Hanyon, Esquire / Attorney for Plaintiff File #: 250763 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in the Borough of Wormleysburg, Cumber County, Pennsylvania, with the buildings and improvements thereon erected, more particularly bounded and described as follows, to wit: BEGINNING at a point on the North by land now or late of Emma Dale; on the East by Second Street; on the South by land now or late of Harvey Bixler; and on the West by Hill Alley. CONTAINING 29 feet in front on Second Street and 110 feet in depth, more or less. BEING known and numbered as 108 S. Second Street, Wormleysburg, Pennsylvania. PROPERTY ADDRESS: 108 SOUTH 2ND STREET, WORMLEYSBURG, PA 17043-13 PARCEL # 47-20-1858-146 File #: 250763 11 6 VERIFICATION C?f\-k?ka hereby states that he/she is (defttf 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: V/ v? 3 Cynthia A. Perez Title: Mce President JPMORGAN CHASE BANK, NATIONAL ASSOCIATION File#: 250763 Name: DUNKLEBERGER File 4 250763 ?' JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION S/B/M TO CHASE MORTGAGE COMPANY Plaintiff(s) vs. KARL L. DUNKLEBERGER Defendant(s) FORM I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C-) C- ?M c r -CD /?- *998 civil lznn 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 preside the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your representative complete a financial worksheet in the format attached hereto, the legal representative will prepare am Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of tI service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you willhai opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with yc 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 conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a leg representative. However, you must provide your lawyer with all requested financial information so hat a loan resole proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format atta( hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be file( within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation confere scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reas arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date Mario J. Hanyon, Esquire Attorney for Plaintiff r 71 -.,.r --s r . to an is FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to dete ine possible options while working with your counseling agency. Please provide the following information o the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different): City: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender: Type of Loan: Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: State: Zip: Yes El No El Listing date: Price: $ Realtor Phone: Yes ? No ? State: Zip: Home:_ Office: Cell: Other: How long? State: Home: Cell: Zip: How long? Total Mortgage Payments Amount: $ Date of Last Payment: Date You Closed Your Loan: 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 Home: Other Real Estate: Retirement Funds: Investments: Checking: Savings: Other: Automobile #1: Model: Amount owed: Automobile #2: Model: Amount owed: Amount Owed: Value: Value: Value: Other transportation (automobiles boats motorcycles Model: Year: Amount owed: Value Monthly Income Name of Employers: Monthly Gross 2. Monthly Gross 3. Monthly Gross Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Year: Year: Monthly Net Monthly Net Monthly Net Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2° Mortgage Utilities Car Payment(s) Condo/Nei h. Fees Auto Insurance Med. not covered Auto fuel/re airs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Money Da /Child Care/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No ? If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve 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 use the counseling services provided by the above named Borrower Signature Co-Borrower Signature Date Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hard letter) 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson f- ~' ~° ~~ -1: ~ F ~ ~ P ~ ~- II ,r_~. Sheriff ,. ~- -~~~~ ~n~~~'~~~°i'~'r~~~ ~a~~~tr of ~u~rFbrrt~n Jody S Smith '~ Chief Deputy ~: '~~ . ~;~ ~. ~ ~ 2 ~l~ ~ ~ ~ AM ~ ~ ~ to+ ~.~.rsj , ~.r; Richard W Stewart "t '•~ ~~~~~~~,~,~[~ ~;~~~~~ solicitor ~~~~~ ~~ "~E ~~'~~~~~ ~~~SYLV~AN1~1 JP Morgan Chase Bank, NA Case Number vs. 2012-4298 Karl L. Dunkleberger SHERIFF'S RETURN OF SERVICE 08/13/2012 02:35 PM -Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on August 3, 2012 at 1435 hours, he was unable to serve a true copy of the within Complaint In Mortgage Foreclosu e and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Karl L. Dunkleberger. After nine attempts to 108 S. Second Street, Wormleysburg, Pennsylvania 17043 the Defendant was not found at home. SHERIFF COST: $76.00 August 14, 2012 SO ANSWERS, ~~~""_..2.. ~'' ~ R ANDERSON, SHERIFF ic) CounwSuite Shenft: TeleesoR: In SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff - ~ ~ -~J~ ~'~ ., ~ Ei :w r'IF7;~td t.~.~ ~~- ~ ~ ~ Yn ~~ Jody S Smith ~"' ''r`''~ ~ ~ ~~~ ~ +', Chief Deputy ~ i ~~ ~ `~~ ;r _ t~ Richard W Stewart ~ ^ , , ',_ ~~ ~, Solicitor ~ ~ N,~~Li ~~J~~ ; ~ , JP Morgan Chase Bank, NA vs. Case Number Karl L. Dunkleberger 2012-4298 SHERIFF'S RETURN OF SERVICE 11/02/2012 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Karl L. Dunkleberger, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Served" at 753 W. Louther Street, Carlisle, Pennsylvania 17013. Deputies were advised by defendant's father, Earl Dunkleberger, that the defendant resides at 108 S. Second Street, Wormleysburg Borough, Wormleysburg, PA 17043. Four attempts at service were made by deputies at 108 S Second Street, Wormleysburg, Pennsylvania but were unable to make contact with anyone. The vehicle belonging to defendant was parked in driveway and deputies could hear television playing but no one would answer the door. Complaint has expired. SHERIFF COST: $66.00 November 02. 2012 SO ANSWERS, ~7 RON ~ R ANDERSON, SHERIFF PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 t" 1. LIL 2013 JAN 28 AM 10: 2?-, CUMERLAND COUNT" Pt"N NS YLYANIA .1PMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION SB/M TO CHASE MORTGAGE COMPANY Plaintiff VS. KARL L. DUNKLEBERGER Defendants COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 12-4298 CIVIL TERM PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: !,I /alg, Svc Dept. File# 250763 PHELAN HALLINAN, LLP By: -, ?// J than Lobb, Esq., Id. No.312174 Attorney for Plaintiff Vl/ t . � Cr3 Cc C— = -0M Cl3Sr G^ Q C I r D C3 4r n PHELAN HALLINAN, LLP {: = Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO Court of Common Pleas CHASE HOME FINANCE, LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION S/B/M Civil Division TO CHASE MORTGAGE COMPANY Tenn 1111 POLARIS PARKWAY COLUMBUS, OH 43240 No. 2012-4298-CIVIL Plaintiff Cumberland County Vs KARL L. DUNKLEBERGER 108 SOUTH 2ND STREET WORMLEYSBURG, PA 17043-1312 Defendant MOTION TO LIFT CONCILIATION STAY Plaintiff, JPMorgan Chase Bank, National Association„ Successor (hereinafter "Plaintiff"), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On January 28, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant for his failure to make monthly payments of principal and interest upon his mortgage due November 1, 2009, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit A. 2. The service of the Complaint in Mortgage Foreclosure was made by publication in The Sentinel on February 6, 2013 and Cumberland Law Journal on February 15, 2013. A true 250763 and correct copy of the Affidavit of Service by Publication is attached hereto, made part hereof and marked as Exhibit B. 3. On February 16, 2013, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice for the Defendant. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof and marked as Exhibit C. 4. 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. 5. 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. 6. 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. 7. Defendant failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 8. Since Defendant has opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. 250763 WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential. Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Respectfully submitted, PHELAN HALLINAN, LLP Date: BdAttroneyfor Schalk, Esquire Plaintiff 250763 Exhibit A f � ' 1 a: ss _Z a Mrn •{ ao PHELAN HALLINAN&SCHMIEG,LLP Mario J.Hanyon,Esq.,Id.No.203993 1617 JFK Boulevard,Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO COURT OF COMMON PLEAS CHASE HOME FINANCE, LLC SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION SB/M CIVIL DIVISION TO CHASE MORTGAGE COMPANY 1111 POLARIS PARKWAY TERM COLUMBUS,OH 43240 NO. to - #08 3va7ers, Plaintiff V. CUMBERLAND COUNTY KARL I. DUNKLEBERGER 108 SOUTH 2ND STREET WORMLEYSBURG,PA 17043-1312 Defendant CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE We hereby certify the ptwl'IiLy . :;� ;Uf y wiihin to be a true and Please ROW correct copy of the original filed of record File N: 250763 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)ou 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 8: 250763 i 1. Plaintiff is JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE,LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION S/B/M TO CHASE MORTGAGE COMPANY 1111 POLARIS PARKWAY COLUMBUS, OH 43240 2. The name(s) and last known address(es) of the Defendant(s) are: KARL L. DUNKLEBE.RGER 108 SOUTH 2ND STREET WORMLEYSBURG, PA 17043-1312 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/31/2001 KARL L. DUNKLEBERGER made, executed and delivered a mortgage upon the premises hereinafter described to MEMBERS 1 ST FEDERAL CREDIT UNION which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1729, Page 1077, By Assignment of Mortgage recorded 10/25/2002 the mortgage was assigned to CHASE MORTGAGE COMPANY which Assignment is recorded in Assignment of Mortgage Book 691, Page 1351.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5.. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor,the entire principal balance and all interest due thereon are collectible forthwith. File H: 250763 6. The following amounts are due on the mortgage as of 04/30/2012: Principal Balance $61,173.85 Interest $11,062.35 10/01/2009 through 04/30/2012 Late Charges $447.40 Property Inspections $42.00 Property Preservation $14.00 Escrow Deficit $4,737.23 Subtotal $77,476.83 Suspense Credit •$237.02 TOTAL $77,,239.8I 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s)has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon. Filc#: 250763 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s)in the sum of $77,239.81,together with interest, costs, fees, and charges collectible under the mortgage including but not limited to'attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN& SCHMIEG,LLP By. Kiaz o J:)-Ianyon, Esquire Attorney for Plaintiff File#: 250763 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, with the buildings and improvements thereon erected, more particularly bounded and described as follows, to wit: i BEGINNING at a point on the North by land now or late of Emma Dale; on the East by Second I Street; on the South by land now or late of Harvey Bixler; and on the West by Hill Alley. CONTAINING 29 feet in front on Second Street and 110 feet in depth, more or less. BEING known and numbered as 108 S. Second Street, Wormleysburg, Pennsylvania. PROPERTY ADDRESS: 108 SOUTH 2ND STREET;WORMLEYSBURG,PA 17043-1312 PARCEL#47-20-1858-146 , File#: 250763 VERIFICATION hereby states that he/she is `' d0kf 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. R Name: DATE: �/ _�.: Cynthia A. Perez Title Vice President JPMORGAN CHASE BANK,NATIONAL ASSOCIATION File#: 250763 Name:DUNKLEBERGER File N: 250763 FORM I IN THE COURT OF COMMON PLEAS JPMOkGAN CHASE BANK,NATIONAL OF CUMBERLAND COUNTY,PENNSYLVANIA ASSOCIATION,SUCCESSOR BY MERGER TO CHASE HOME FINANCE,LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION S/B/M TO CHASE MORTGAGE COMPANY Plaintiff(s) vs. KARL L.DUNKLEBERGER Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference. First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(717)2439400 extension 25 10,or(800)822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative,you must promptly meet with that legal representative within twenty(20)days of the appointment date.During that meeting,you must prwide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto,the legal represertative will prepare and a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you willhave an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a conciliation conference.It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative.However,you must provide your lawyer with all requested financial information so bat a loan resolution proposal can be prepared on your behalf.If you and your lawyer complete a financial worksheet in the format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be filed within sixty(60)days of the service upon you of the foreclosure complaint.If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward, IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date Mario J. Hanyon,Esquire Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance,your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to j the best of your knowledge: I i CUSTOM ER/PRIMARY Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? CO-BORROWER Mailing Address: City: State: _Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes&Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes❑ No❑ If yes,provide names, location of court, case number&attorney: Assets Amount Owed; Value: Home: $ $. Other Real Estate: $ $. Retirement Funds: $ $ Investments: $ $ Checking: $, -- $ Savings: $ $ Other: $ $ Automobile#1: Model: Year: Amount owed: Value: Automobile#2: Model: Year: Amount owed: Value: _ Other transportation (automobiles boats motorc cy les): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monti fly Net 2. Monthly Gross Monthly Net 3. Montlily Gross _—Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses:.(Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort 'a e Food 2° Mort a e Utilities Car,P�j mcnt.s. Condo/Nei h.Fees Auto Insurance Med. not covered) Auto fuel/repairs Other prop. payment Install.Loan Payment Cable TV Child Su ort/Alim. Spending Money Da /Child Care/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes❑ No❑ If yes,please provide the following information: Counseling Agency: Counselor: Phone(Office): Fax: R ' 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? E 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: AUTHORIZATION I/We, . , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that Uwe am/are under no obligation to j use the counseling services provided by the above named i Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation(hardship letter) 6. Listing agreement (if property is currently on the market) Exhibit B Phelan Hallinan, LLP ATTORNEYS FOR PLAINTIFF John M. Kolesnik, Esq., Id. No. 308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 .215-563-7000 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC S/B/M TO CHASE COURT OF COMMON PLEAS MANHATTAN MORTGAGE CORPORATION S/B/M TO CHASE MORTGAGE COMPANY CIVIL DIVISION Plaintiff CUMBERLAND COUNTY VS. No. 12-4298 CIVIL TERM KARL L. DUNKLEBERGER Defendant(s) AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in'accordance with the Court Order dated January 2,2013 as indicated below: By publication as provided by Pa.R.C.P.Rule 430(b)(1) in The Sentinel on February 6,2013 and Cumberland Law Journal on February IS,2013.Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Phelan i LP Pan Hat linan,LLP n M.Kolesnik,Esq., Id.No. 308877 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 DATE:February 22,2013 PHS#250763 CCP Exhibit C 250763 AFFIDAVIT OF SERVICE—CUMBERLAND ccp 'tLAINTIF>a COUNTY: CUMBERLAND JPMORGAN CHASE BANK,NATIONAL s'ASSOCIATION,SUCCESSOR BY MERGER TO CHASE COURT NO, 12-4298 CIVIL TERM `. HOME FINANCE,LLC S/BIM TO CHASE MANHATTAN MORTGAGE CORPORATION SB/M TO CHASE MORTGAGE COMPANY DEFENDANT - Z'1 LT—L:DUNRLEBERGER TYPE OF ACTION XX Mortgage Foreclosure SERVE AT: Eviction ' 108 SOUTH 2ND STREET,WORMLEYSBURG,PA XX Civil Action 17043-1312 Complaint on Promissory Note { 1 ***PLEASE POST THE PROPERTY*** ***IN ACCORDANCE WITH THE***** ` * *A A1QfFED COURT ORDER*"**'�* .Posted and.made known L.MNKLESERGER,Defendant on the. day of r FPM Y-.4' d 20 i o'clock, M:,at[0S SOUTH 22ND STREET,WORMLEYSBURJ9,PA 17043-13M.in the manner described below: Defendant personall served. Adult family member with whom Defendant(s)reside(s), Relationship is.. ..w. Adult in charge ofb4f6dwi-N res'ideWce who refused to give name/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 office of said defendant company.,. Description: Age_. - Height Weight Race ... Sex Other �i i`1�1 a competent adult,being duly°sworn according to law,depose and state that I personally posted a true and correct copy of th Camptaint`in'm- tgage Foreclosure Issued in the captioned case on the data and the address indicated above,I understand that this statement is made subject to the penalties of 18 Pa,C.S.Sec.4904 ref ng to swrorn ffaallsification to nuthoritics, DATE: Z, /,00 13 NAME.i _ PRINTEDNA VM: .1N1� .;"=fC- , TITLE: .C= ....`5 NOTsSERYED On the,day of.20_,at_._,o'clock M,Defendant NOT FOUND because: _Vacant Does Not Exist, Moved _Does Not Reside(Not Vacant) No Answer on.,-__.------j4t Service Refused Other: r PHELAN HALLINAN,LLP Joseph P. Schalk, Esq., Id.No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION, SUCCESSOR BY MERGER TO Civil Division CHASE HOME FINANCE, LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION S/B/M Term TO CHASE MORTGAGE COMPANY 1 1 1 1 POLARIS PARKWAY No.2012-4298-CIVIL COLUMBUS, OH 43240 Cumberland County Plaintiff Vs KARL L. DUNKLEBERGER 108 SOUTH 2ND STREET WORMLEYSBURG, PA 17043-1312 Defendant CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiffs Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: KARL L. DUNKLEBERGER 108 SOUTH 2ND STREET WORMLEYSBURG,PA 17043-1312 Date: —An It By: (se *halk, Esquire tto)�t epy for Plaintiff 250763 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO Court of Common Pleas CHASE HOME FINANCE, LLC S/B/M TO CHASE Civil Division MANHATTAN MORTGAGE CORPORATION S/B/M TO CHASE MORTGAGE COMPANY "Perm I I I I POLARIS PARKWAY COLUMBUS, OH 43240 No. 2012-4298-CIVIL Plaintiff Cumberland County Vs KARL L. DUNKLEBERGER 108 SOUTH 2ND STREET WORMLEYSBURG, PA 17043-1312 Defendant ORDER AND NOW,this j, day of 9 40 W&A 2013, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. BY THE COURT: J. 250763 t , CC: Karl L. Dunkleberger Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 KARL L. DUNKLEBERGER 108 SOUTH 2ND STREET WORMLEYSBURG, PA 17043-1312 250763 OF THEY f 0 T HON O- TAR PHELAN HALLINAN, LLP L` Q Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 A �' � 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, CUMBERLAND COUNTY NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE COURT OF COMMON PLEAS HOME FINANCE,LLC S/B/M TO CHASE MANHATTAN MORTGAGE CIVIL DIVISION CORPORATION S/B/M TO CHASE MORTGAGE COMPANY No..12-4298 CIVIL TERM VS. KARL L. DUNKLEBERGER PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against KARL L. DUNKLEBERGER, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises,,and assess Plaintiff's damages as follows: As set forth in Complaint $77,239.81 TOTAL $77,239.81 I hereby certify that (1) the Defendant's last known address is 108 SOUTH 2ND STREET, WORMLEYSBURG, PA 17043-1312, and(2) that notice has been given in accordance with Rule Pa.R.C.P 237.1.. 7//Date 7/ � Adam H. Davis, Esq., Id. No.203034 Attorney for ainti. DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 1 PH k 250763 PROTHONOTARY ,� aga9a3 PHELAN HALLINAN, LLP Attorney.for Plaintiff Adam H.Davis,Esq.,Id.No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 21.5-563-7000 JPMORGAN CHASE BANK, CUMBERLAND COUNTY NATIONAL ASSOCIATION, COURT OF COMMON PLEAS SUCCESSOR BY MERGER TO CHASE HOME FINANCE,LLC S/B/M TO CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION S/B/M TO CHASE No. 12-4298 CIVIL TERM MORTGAGE COMPANY VS. KARL L. DUNKLEBERGER AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1.940, as amended. (b) that defendant KARL L. DUNKLEBERGER is over 1.8 years of age and resides at 1.08 SOUTH 2ND STREET, WORMLEYSBURG, PA 17043-1.312. This statement is made subject to the penalties of 1.8 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Phelan Hallinan,LLP Adam H. Davis,Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1.617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 250763 Results as of:Jul-09-2013 12:57:54 Department of Defense Manpower Data Center SCRA 3.0 Status Report Pursuant to Sery cemembe s Civil Relief Act Last Name: DUNKLEBERGER First Name: KARL Middle Name: L Active Duty Status As Of: Jul-09-2013 On Active Duty On Aclive Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Dale Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAH,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. 4*4_� -T Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 (Rule of Civil Procedure No. 236) -Revised JPMORGAN CHASE BANK,NATIONAL CUMBERLAND COUNTY ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, COURT OF COMMON PLEAS LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION S/B/M TO CHASE MORTGAGE COMPANY CIVIL DIVISION VS. No. 12-4298 CIVIL TERM KARL L.DUNKLEBERGER Notice is given that a Judgment in the above captioned matter has been entered against you on By: If you have any questions concerning this matter please contact: Phelan Hallman, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." 250763 JPMORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS ASSOCIATION,SUCCESSOR BY MERGER TO CIVIL DIVISION CHASE HOME FINANCE,LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION NO, 12-4298 CIVIL TERM S/B/M TO CHASE MORTGAGE COMPANY Plaintiff CUMBERLAND COUNTY V. KARL L.DUNKLEBERGER TO: KARL L DUNKLEBERGER 108 SOUTH 2ND STREET WORMLEYSBURG,PA 17043-1312 DATE OF NOTICE-. THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT To YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN,AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIENT AGAINST DIP ANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU RAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN' WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT 14AVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. EF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES To ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: hl-Al� Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 _ PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, SUCCESSOR COURT OF COMMON PLEAS BY MERGER TO CHASE HOME FINANCE,LLC S/B/M TO CHASE . MANHATTAN MORTGAGE CORPORATION S/B/M TO CHASE CIVIL DIVISION MORTGAGE COMPANY Plaintiff NO.: 12-4298 CIVIL TERM v. • CUMBERLAND COUNTY KARL L.DUNKLEBERGER Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due $77,239.81 Interest from 07/11/2013 to Date of Sale $3,017.84 ($12.68 per diem) TOTAL $80,257.65 Ilk ' 4- • an Hallinan,LLP J PH E.DEBARBERIE,Esq.,Id.No.315421 5 A orney for Plaintiff Note: Please attach description of property. �l ,. .. PH#744597 ] D , , c ga""popoi I o :77_,T_ 76.00 eI�F - , loL.00 N -c I D3. 15 " -.. CD-- iI. ?S I c;:-.) 6- — 11. 75 ...._�r 16.So H cn a25 _ pp ATTI Ctity s .g 4.a.as boeCAD l- c9616,, (,o • So LL � /'k .,„ il' Pe f� LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, with the buildings and improvements thereon erected, more particularly bounded and described as follows, to wit: BEGINNING at a point on the North by land now or late of Emma Dale; on the East by Second Street; on the South by land now or late of Harvey Bixler; and on the West by Hill Alley. CONTAINING 29 feet in front on Second Street and 110 feet in depth,more or less. TITLE TO SAID PREMISES IS VESTED IN Karl L. Dunkleberger, single man, by Deed from Glenn J. Morrison, single man, dated 07/16/2001, recorded 08/01/2001 in Book 247, Page 3456. PREMISES BEING: 108 SOUTH 2ND STREET,WORMLEYSBURG,PA 17043-1312 PARCEL NO. 47-20-1858-146 T„u {PHELAN HALLINAN, LLP , :r ,� ,OT Attorneys for Plaintiff JOSEPH E. DEBARBERIE, Esq., Id. No.315421 1617 JFK Boulevard, Suite 1400 � � -� M' 10: One Penn Center Plaza Philadelphia, PA 19103 ` DERLAND COUNT' josephe.debarberie @phelanhallinan.com PENNSYLVANIA YLVANIA 215-563-7000 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, : COURT OF COMMON PLEAS SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION : CIVIL DIVISION SB/M TO CHASE MORTGAGE COMPANY Plaintiff : NO.: 12-4298 CIVIL TERM v. • : CUMBERLAND COUNTY KARL L. DUNKLEBERGER Defendant(s) CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled (X) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. � By: A ./4i t an Hallinan,LLP •` PH E. DEBARBERIE,Esq.,Id. No.315421 A orney for Plaintiff JPMORGAN CHASE BANK, NATIONAL ▪ COURT OF COMMON PLEAS • ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC S/B/M TO CHASE ▪ CIVIL DIVISION • MANHATTAN MORTGAGE CORPORATION S/B/M TO CHASE MORTGAGE COMPANY • NO.: 12-4298 CIVIL TERM • Plaintiff • v. ▪ CUMBERLAND COUNTY KARL L. DUNKLEBERGER Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,SUCCESSOR BY MERGER TO CHASE HOME FINANCE,LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION S/B/M TO CHASE MORTGAGE COMPANY,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 108 SOUTH 2ND STREET,WORMLEYSBURG,PA 17043- 1312. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) KARL L.DUNKLEBERGER 108 SOUTH 2ND STREET WORMLEYSBURG,PA 17043-1312 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. az; 4. Name and address of last recorded holder of every mortgage of record: (Ti c--) r°r Name Address(if address cannot be - :2.7) "� - r- r-- T.. reasonably ascertained,please indicate) > t_=, MEMBERS 1ST FEDERAL CREDIT UNION 5000 LOUISE DRIVE D MECHANICSBURG,PA 17055 c , MEMBERS 1ST FEDERAL CREDIT UNION 5000 LOUISE DRIVE C/O REAL ESTATE DEPARTMENT MECHANICSBURG,PA 17055 ` r.; 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. PH#744597 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 108 SOUTH 2ND STREET WORMLEYSBURG,PA 17043-1312 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: ' t 3 By: Phd la Hallinan,LLP JO,. E.DEBARBERIE,Esq.,Id.No.315421 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#744597 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, : COURT OF COMMON PLEAS . SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC S/B/M TO CHASE MANHATTAN MORTGAGE : CIVIL DIVISION CORPORATION S/B/M TO CHASE MORTGAGE COMPANY : : NO.: 12-4298 CIVIL TERM Plaintiff : vs. : CUMBERLAND COUNTY KARL L. DUNKLEBERGER Defendant(s) ,:, =_' 'cam'_' o r T NOTICE OF SHERIFF'S SALE OF REAL PROPERTY `<> .c- r __,l TO: KARL L. DUNKLEBERGER 108 SOUTH 2ND STREET c �? WORMLEYSBURG, PA 17043-1312 -4 —1 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house(real estate) at 108 SOUTH 2ND STREET,WORMLEYSBURG,PA 17043-1312 is scheduled to be sold at the Sheriff's Sale on 03/05/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$77,239.81 obtained by JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,SUCCESSOR BY MERGER TO CHASE HOME FINANCE,LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION S/B/M TO CHASE MORTGAGE COMPANY(the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 12-4298 CIVIL TERM JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION S/B/M TO CHASE MORTGAGE COMPANY v. KARL L. DUNKLEBERGER owner(s) of property situate in the BOROUGH OF WORMLEYSBURG, CUMBERLAND County, Pennsylvania, being 108 SOUTH 2ND STREET, WORMLEYSBURG, PA 17043-1312 Parcel No. 47-20-1858-146 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $77,239.81 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, with the buildings and improvements thereon erected, more particularly bounded and described as follows, to wit: BEGINNING at a point on the North by land now or late of Emma Dale; on the East by Second Street; on the South by land now or late of Harvey Bixler; and on the West by Hill Alley. CONTAINING 29 feet in front on Second Street and 110 feet in depth, more or less. TITLE TO SAID PREMISES IS VESTED IN Karl L. Dunkleberger, single man, by Deed from Glenn J. Morrison, single man, dated 07/16/2001, recorded 08/01/2001 in Book 247, Page 3456. PREMISES BEING: 108 SOUTH 2ND STREET,WORMLEYSBURG,PA 17043-1312 PARCEL NO.47-20-1858-146 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-4298 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,SUCCESSOR BY MERGER TO CHASE HOME FINANCE,LLC s/b/m TO CHASE MANHATTAN MORTGAGE CORPORATION s/b/m TO CHASE MORTGAGE COMPANY, Plaintiff(s) From KARL L. DUNKLEBERGER (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: $77,239.81 L.L.: $.50 Interest from 7/11/13 to Date of Sale($12.68 per diem) -- $3,017.84 Atty's Comm: Due Prothy: $2.25 Atty Paid: $314.25 Other Costs: Plaintiff Paid: Date: 10/4/13 David D. Bu- I, Prothonotary (Seal) / i _ a// Deputy REQUESTING PARTY: Name: JOSEPH E DEBARBERIE,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.315421 . .- 004 r Zr THE P 0THONQTAriY Phelan Hallinan, LLP {�DEC 10 AM I' Justin F. Kobeski, Esq., Id. No.200392 T RNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL • Court of Common Pleas ASSOCIATION, SUCCESSOR BY MERGER TO : CHASE HOME FINANCE, LLC S/B/M TO : Civil Division CHASE MANHATTAN MORTGAGE CORPORATION S/B/M TO CHASE • CUMBERLAND County MORTGAGE COMPANY • Plaintiff • No.: 12-4298 CIVIL TERM • v. KARL L. DUNKLEBERGER Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP,moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on July 11, 2012. 2. Judgment was entered on July 10, 2013 in the amount of$77,239.81. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit"A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However,new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on March 12, 2014. 744597 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $61,173.85 Interest Through March 5, 2014 $18,971.71 Late Charges $447.40 Legal fees $2,825.00 Cost of Suit and Title $1,744.28 Sheriffs Sale Costs $702.31 Property Inspections $280.00 Mortgage Insurance Premium to be paid $158.05 Escrow to be paid $473.00 Escrow Deficit $9,188.88 Suspense/Misc. Credits ($237.02) TOTAL $95,727.46 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on November 26, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit"C". 10. 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 June 12, 2013 . 744597 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: 47G/� By: 1 Justi obes., Esquire / q A % O' - - FOR PLAINTIFF 744597 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL • Court of Common Pleas ASSOCIATION, SUCCESSOR BY MERGER TO : CHASE HOME FINANCE, LLC S/B/M TO : Civil Division CHASE MANHATTAN MORTGAGE . CORPORATION S/B/M TO CHASE • CUMBERLAND County MORTGAGE COMPANY . Plaintiff No.: 12-4298 CIVIL TERM v. KARL L. DUNKLEBERGER Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE KARL L. DUNKLEBERGER 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 108 SOUTH 2ND STREET, WORMLEYSBURG, PA 17043-1312. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be 744597 cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 744597 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns,414 Pa. 495,200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment,and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums,fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village 744597 Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. 744597 Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton 744597 Realty, 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. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as their interests will be divested by the Sheriffs sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 744597 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. 744597 Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: Zi4//3 By: Al Justi' . Kobeski, Esquire A• srney for Plaintiff 744597 6 Exhibit "A" 744597 Of THE�PROTHONOTARY PHELAN HALLINAN, LLP 0 Q� 53 Attorney for Plaintiff Adam H.Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia,PA 19103 215-563-7000 JPMORGAN CHASE BANK, : CUMBERLAND COUNTY NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE : COURT OF COMMON PLEAS HOME FINANCE,LLC S/B/M TO CHASE MANHATTAN MORTGAGE : CIVIL DIVISION CORPORATION S/B/M TO CHASE MORTGAGE COMPANY : No. 12-4298 CIVIL TERM vs. KARL L.DUNKLEBERGER PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against KARL L. • DUNKLEBERGER,Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises,.and assess Plaintiff's damages as follows: As set forth in Complaint $77,239.81 TOTAL $77,239.81 I hereby certify that(1) the Defendant's last known address is 108 SOUTH 2ND STREET, WORMLEYSBURG, PA 17043-1312, and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date 7/ /!/7 Adam H.Davis,Esq., Id. No.203034 Attorney for ainti DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ih01/ PH#250763 PROTHONOTARY auk )12ci CX. +36ya e ga9a3 • Noj hJe • Exhibit "B" 744597 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania November 26,2013 KARL L. DUNKLEBERGER 108 SOUTH 2ND STREET WORMLEYSBURG,PA 17043-1312 RE: JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION S/B/M TO CHASE MORTGAGE COMPANY v. KARL L. DUNKLEBERGER Premises Address: 108 SOUTH 2ND STREET WORMLEYSBURG,PA 17043 CUMBERLAND County CCP,No. 12-4298 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days,by 12/3/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very trul ••urs, s Kobes ,, Esq., Id.No.200392 A , -ney for P1 .intiff Enclosure 744597 Of 4, . C1gZ 9Z NON 1.6it8C O0}}©�� '4;:—,,•7';y E 'n Mt ZV ' o A 4. 00VZOO fOt6td1Z .__—_ .. 'slyr ,`�$. 93M0E1A3NLId'OgOV1 $`f !, .. 5. ,i :o co o i> aaA._ is to to g.i it,ca.o .1:.... .E u „ 1141 E §S 04 bey WO E'18 ... . O w o g- K 6 G 4"1 G t A°'em Et I CA IN 2 v w < PL N pa 'E. .12 0, 44 0 Ca t 444}00r � a inGnU � A '.Mt g1Qei cx z a) oo 0 rr G lrs. Z 44 # 0 a o y, 73 t, .: '!"...t 2$ en e6 ' N z zdQ :.a r -a. .W «Y �.irx: ,,� -a Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL • Court of Common Pleas • ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC S/B/M TO • Civil Division • CHASE MANHATTAN MORTGAGE CORPORATION S/B/M TO CHASE • CUMBERLAND County • MORTGAGE COMPANY Plaintiff • No.: 12-4298 CIVIL TERM • v. KARL L. DUNKLEBERGER Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. KARL L. DUNKLEBERGER KARL L. DUNKLEBERGER 108 SOUTH 2ND STREET 753 W LOUTHER ST WORMLEYSBURG, PA 17043-1312 CARLISLE, PA 17013-2217 Phelan Hallinan, LLP DATE: By: Justin F "obes Esquire AT '4 ' EY FOR PLAINTIFF 744597 AFFIDAVIT OF SERVICE(FHLMC) PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE,LLC PH#744597 S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION S/B/M TO CHASE MORTGAGE COMPANY DEFENDANT SERVICE TEAM/lxh KARL L.DUNKLEBERGER COURT NO.:12-4298 CIVIL TERM SERVE KARL L.DUNKLEBERGER AT: TYPE OF ACTION 108 SOUTH 2ND STREET XX Notice of Sheriff's Sale WORMLEYSBURG,PA 17043-1312 SALE DATE: March 12,2014 SERVED erved and made known to IfRL L.DUNKLEBERGER,Defendant on the) day of ,2013,at 1 rj ,o'clock?.M.,at I OCSC01f{ .)-143 S W Ef ,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 9`5 Height ri 9 Weight 306 Race Sex Il ' 1 Other I,A.•-)SCL1M ( ,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: �(3 NAMEY'-aMc"--- PRINTED NAME: Al .l ' n el ECIv TITLE: \9r1-6(e---4.c E r-IC (L NOT SERVED On the day of ,20 ,at o'clock_M.,I, ,a competent adult hereby state that Defendant NOT FOUND because: _Vacant Toes Not Exist Moved _Does Not Reside( Vacant) _No Answer on at G'yV �� at ; � - GI I v _Service Refused R f Other: ` I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF -per C- 7 ,. Phelan Hallinan,LLP m m r 1 t�1 1617 JFK Boulevard,Suite 1400 Z C") rat One Penn Center Plaza Cn r- — c-; Philadelphia,PA 19103 r- (215)563-7000 t .,C -s7 3y C= ry. to IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL • Court of Common Pleas ASSOCIATION, SUCCESSOR BY MERGER TO • CHASE HOME FINANCE, LLC S/B/M TO • Civil Division CHASE MANHATTAN MORTGAGE • CORPORATION S/B/M TO CHASE CUMBERLAND County MORTGAGE COMPANY • Plaintiff • No.: 12-4298 CIVIL TERM v. KARL L. DUNKLEBERGER Defendant RULE AND NOW,this /6' day of AGO•. 2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs 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 E COURT J. c rn f' ; C) r • i',.) 744597 -stin F.Kobeski,Esq.,Id.No.200392 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 ARL L. DUNKLEBERGER ARL L. DUNKLEBERGER 108 SOUTH 2ND STREET C753 W LOUTHER ST WORMLEYSBURG, PA 17043-1312 CARLISLE, PA 17013-2217 ' ' ' /'�1�1.� 744597 /2./114/3 744597 •`L ` CU�BEh'L,q�� COUNTY EN#SYLVAtil Y Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC S/B/M TO Civil Division CHASE MANHATTAN MORTGAGE CORPORATION S/B/M TO CHASE CUMBERLAND County MORTGAGE COMPANY Plaintiff No.: 12-4298 CIVIL TERM vs. KARL L. DUNKLEBERGER Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's December 16, 2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. KARL L. DUNKLEBERGER KARL L. DUNKLEBERGER 108 SOUTH 2ND STREET 753 W LOUTHER ST WORMLEYSBURG, PA 17043-1312 CARLISLE, PA 17013-2217 Phelan Hallina LP DATE: By: John D. Krohn sq., Id.No.312244 Attorney for Plaintiff 744597 lw tf 'U` j iL A,ND COUNTY Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL • Court of Common Pleas ASSOCIATION, SUCCESSOR BY MERGER TO : CHASE HOME FINANCE, LLC S/B/M TO : Civil Division CHASE MANHATTAN MORTGAGE • CORPORATION S/B/M TO CHASE • CUMBERLAND County MORTGAGE COMPANY • Plaintiff • No.: 12-4298 CIVIL TERM • vs. KARL L. DUNKLEBERGER Defendant MOTION TO MAKE RULE ABSOLUTE JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION S/B/M TO CHASE MORTGAGE COMPANY, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on December 10, 2013. 744597 2. A Rule was issued by the Honorable Judge Hess on or about December 16, 2013 directing the Defendant to show cause by January 6, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit A. 3. The Rule to Show Cause was timely served upon all parties on December 26, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit B. 4. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 6, 2014. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. Phelan Hallinan, LLP DATE: ..2./24 114 By: John D. ohn, Esq., Id.No.312244 Attorney for Plaintiff 744597 • • Exhibit "A" 744597 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL • Court of Common Pleas • ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC SB/M TO • Civil Division • CHASE MANHATTAN MORTGAGE CORPORATION S/B/M TO CHASE CUMBERLAND County • MORTGAGE COMPANY Plaintiff • No.: 12-4298 CIVIL TERM • • v. KARL L. DUNKLEBERGER Defendant RULE AND NOW,this IC day of 2i G€4�.1"r' 2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs 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 E COURT A 4A J. t* 1 _ '* r. . r— C.:' 744597 stin F.Kobeski,Esq.,Id.No.200392 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 ICARL L. DUNKLEBERGER CARL L. DUNKLEBERGER 108 SOUTH 2ND STREET 753 W LOUTHER ST WORMLEYSBURG,PA 17043-1312 CARLISLE,PA 17013-2217 eff f ES /12- t tisk, 744597 alitoi!3 744597 • 4 Exhibit "B" 744597 Phelan Hallinan, LLP John D. Krohn,Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL . Court of Common Pleas ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC S/B/M TO Civil Division CHASE MANHATTAN MORTGAGE CORPORATION SIB/M TO CHASE CUMBERLAND County MORTGAGE COMPANY • Plaintiff No.: 12-4298 CIVIL TERM vs. • KARL L. DUNKLEBERGER Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's December 16, 2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. KARL L. DUNKLEBERGER KARL L. DUNKLEBERGER 108 SOUTH 2ND STREET 753 W LOUTHER ST WORMLEYSBURG,PA 17043-1312 CARLISLE, PA 17013-2217 Phelan Hallin LP DATE: CfI, By: John D.Krohn q.,Id.No.312244 Attorney for Plaintiff 744597 Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL • Court of Common Pleas • ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC S/B/M TO • Civil Division • CHASE MANHATTAN MORTGAGE CORPORATION S/B/M TO CHASE • CUMBERLAND County • MORTGAGE COMPANY Plaintiff : No.: 12-4298 CIVIL TERM • vs. KARL L. DUNKLEBERGER Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. KARL L. DUNKLEBERGER KARL L. DUNKLEBERGER 108 SOUTH 2ND STREET 753 W LOUTHER ST WORMLEYSBURG, PA 17043-1312 CARLISLE, PA 17013-2217 Phelan Hallinan, LLP DATE: 24Z`4 11W By: John D. ohn,Esq., Id.No.312244 Attorney for Plaintiff 744597 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC S /B /M TO CHASE MANHATTAN MORTGAGE CORPORATION S /B /M TO CHASE MORTGAGE COMPANY Plaintiff vs. KARL L. DUNKLEBERGER Defendant ORDER AND NOW, this f day of /ham Court of Common Pleas Civil Division CUMBERLAND County No.: 12 -4298 CIVIL TERM CZ, Jr -s-TTI Cf,r ! -e cr C) co , 2014, upon consideration of Plaintiff's CD Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant 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 Interest Through March 5, 2014 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Mortgage Insurance Premium to be Paid Prior Escrow to be Paid Prior Escrow Deficit Suspense/Misc. Credits TOTAL Plus interest at six percent per annum. $61,173.85 $18,971.71 $447.40 $2,825.00 $1,744.28 $702.31 $280.00 $158.05 $473.00 $9,188.88 ($237.02) $95,727.46 744597 Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. 744597 PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215 -563 -7000 2'31t' ni R A x to . # n Attorney for Plaintiff Cii1BFRLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL CUMBERLAND COUNTY ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC S/B/M TO CHASE COURT OF COMMON PLEAS MANHATTAN MORTGAGE CORPORATION S/B/M TO CHASE MORTGAGE COMPANY CIVIL DIVISION Plaintiff, No.: 12 -4298 CIVIL TERM v. KARL L. DUNKLEBERGER 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 ". Date: 272(1-7 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH # 744597 Name and Phelan Hallinan, LLP Address 1617 JFK Boulevard, . 1 Hi a v Of Sender One Penn Center Plaza r Philadelphia, PA 19103 . AZK/DDA - 03/12/2014 SALE a Line Article Number Name of Addressee, Street, and Post Office Address Postage 'd` o 1 * * ** TENANT /OCCUPANT 108 SOUTH 2ND STREET WORMLEYSBURG, PA 17043 -1312 50.45 i 1 I a . 2 * * ** MEMBERS 1ST FEDERAL CREDIT UNION 5000 LOUISE DRIVE MECHANICSBURG, PA 17055. 50.45 • ~ t ° 'a -- Z •... No© 3 * * ** MEMBERS 1ST FEDERAL CREDIT UNION C/O REAL ESTATE DEPARTMENT 5000 LOUISE DRIVE MECHANICSBURG, PA 17055 50.45 ct A tj r- ; -.Y 4 DOMESTIC RELATIONS OF CUMBERLAND COUNTY 13 NORTH HANOVER STREET . CARLISLE, PA 17013'x A.i - 50.45 4 ' 5 * * ** COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE . P.O. BOX 2675 HARRISBURG, PA 17105 $0.4 j T j ; _„4 6 * * ** INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 ' 50.45 �"` 7 * * ** *"R U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING • 228 WALNUT STREET, SUITE 220 PO BOX 11754 741A.RRISBIJRG,•,_PA 171.08 -1754 .50.45 • t L.,-D< 9.7%1 - ' j; i:."•1:__""- TArlit> = 43.15 .. Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) ' The full declaration of value is required on 11 domestic and international registered mail. The maximum indemnity payable for the reconstruction of nonnegotiable doc ments under Express Mail document reconstruction insurance is 550,000 per piece subject to a limit of $500,000 per oc rnnce. The maximum indemnity payable on Express Mail merchandise is 5500. The maximum indemnity payable is 525, for registered mail, sent with optional insurance. See Domestic. Mail Manual 8900 S913 and 5921 for limitations of co ge. acszmile Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PENNS`LN ,ANUIA Attorney For Plaintiff JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION SB/M TO CHASE MORTGAGE COMPANY Plaintiff v. KARL L. DUNKLEBERGER Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 12-4298 CIVIL TERM TO THE PROTHONOTARY: Kindly enter my appearance on behalf of BAYVIEW LOAN SERVICING, LLC. ,N Date: ENTRY OF APPEARANCE PH # 744597 PHELAN HALLINAN, LLP By` .1_l _ Jos if S . lk, Esq., Id. No.91656 A orne for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Unter'Plaia ,Philadelphia; i>K19103 215-563-7000 .• - , , 4:4e• IL -Of- itlE. PROTHONO'rilii 20141114Y 22 CUt.1BERLAND CQY PENNSYLVANIAUNT Attorney For Plaintiff JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR t .43Y MERGER' TO CHASE`HOME FINANCE, LLC S/B/IVI TO CHASE MANHATTAN MORTGAGECORPORATION S/B/M TO CHASE MORTGAGE COMPANY • 'Plaintiff •• ' v. KARL L. DUNKLEBERGER liefendani(s) Court of Common Pleas 'Civi Division CUMBERLAND County jsio. i2-4298 CIVIL TERM PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa R.C.P., 2352 . , TO THE PROTHONOTARY: • Kindly substitute BAYVIEW LOAN SERVICING, LLC as successor Plaintiff for the originally named Plaintiff. - The material facts on which the right of succession and substitution are basedas follows: •BAYVIEW LOAN SERVICING, LLC is the current holder of the mortgage by virtue of that certain Assignment f Mortgage,4hich Assignment was recorded on 04/24/2014 in Instrument No.`201405260 6f the Recorder of Deeds Office in and for CUMBERLAND County. ' • Date: Kindly amend the information on the docket accordingly. alk, Esq., Id. No.91656 for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION SB/M TO CHASE MORTGAGE COMPANY Plaintiff v. KARL L. DUNKLEBERGER Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 12-4298 CIVIL TERM PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF TO THE PROTHONOTARY: Please mark the judgment in the above -captioned matter to the use of BAYVIEW LOAN SERVICING, LLC, located 4425 PONCE DE LEON BLVD. 5'H FLOOR- MAIL ROOM CORAL GABLES, FL 33146 Date: '5'12-(111 PH # 744597 PHELAN HALLINAN, LLP Q I Ciza Sch9 k, Esq., Id. No.91656 or Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE,. LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION S/B/M TO CHASE MORTGAGE COMPANY Plaintiff v. KARL L. DUNKLEBERGER Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 12-4298 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Plaintiffs Praecipe to Mark Judgment to BAYVIEW LOAN SERVICING, LLC, Substitution of Party Plaintiff and Entry of Appearance were served by regular mail on the person(s) on the date listed below: KARL L. DUNKLEBERGER 108 SOUTH 2ND STREET WORMLEYSBURG, PA 17043-1312 Date: PHELAN HALLINAN, LLP B a. kW. By. Jos:• Schalk, Esq., Id. No.91656 A orne for Plaintiff ,t SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff JOdy S Smith DeputyChief _~~ Richard W Stewart Solicitor ' ^ � ��� . ' 1.;FTHE PROTH[UHO y 2410viti.1.. 10 All 8: 26 CUMBERLAND COUNTY - PENNSYLVANIA JP Morgan Chase Bank, NA vs. Karl LDunk|ebe r ^ ` � �' il,^ `. 1/'} Case Number 2012-4298 • SHERIFF'S RETURN OF SERVICE ' ' . ti z.' ' .;•4 ' \ \^ 01/89/2014 89:37AM'Deputy.JamieCUMadle being duly sWorn according to Iaw, states service was performed by ,posting a true copy of the requested Real Estate Writ, Notice and DeScription„ and Sale Handbill in the above titled action, upon the ploperty-Ippated aty08 SoU.th 2nd Street, Wormleysbutg - Borough, Wormleysburg, PA 17043, -Cumberland County. 02/03/2814 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 5/7/2014 02/19/2014 Ronny R. ANderson, Sheriff,sworn a000vd�gtolaw, states that hamade adiligent eoamhand nquiry for the within 8 e&enhbKarlDunk|eberger, but was unable to locate the Defendant in his thereforebaUivvick-Hed LvViL returns the within Real EobabeVVhL Notice and Doeohption, in the above titled action, as "Not Found" at 108 South Second Street, Wormleysburg, PA 1/043, property is vacant and has a Condemned Notice on the front door. cab. 05/0C2014 Ronny R. Anderon, Sheriff, being dulording to law, states that after due and legal notice had been given according to law, he exposed the withipremises at publicvenue oroutory at the CumbedandCounty Cou�huuse. 1 Cou�houoe8"u�no. Cadia|a, PA on May 07, 2014 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Joseph Schalk on behalf of Federal Home Loan MOrtgage Corporation, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $948.20 '�OAN' ``^~~' June 20, 2014 RON R ANDERSON, SHERIFF re) coun*SuiwSheriff, releosaft,Inc. On December 13, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Wormleysburg Borough, Cumberland County, PA, Known and numbered as, 108 South 2nd Street, Wormleysburg, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: December 13, 2013 By: Real Estate Coors inator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 24, January 31, and February 7, 2014 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. Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 7 day of February, 2014 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 LXIII 4 `CUMBERLAND,•LAW JOURNAL 01/24/14 Writ No. 2012-4298 Civil Term JP Morgan Chase Bank, N.A. vs. Karl L; Durikleberger Atty.: Joseph Schalk . By virtue of a Writ of Execution No. 12-4298 CIVIL TERM, JPMORGAN CHASE BANK, NATIONAL ASSOCIA- TION, SUCCESSOR 13Y MERGER TO CHASE HOME FINANCE, LTCSIBIM TO CHASE -MANHATTAN MORT- GAGE CORPORATION S/BIM TO CHASE MORTGAGE COMPANYvs. KARL L. DUNKLEBERGER, owner(s) of, property. situate in the BOROUGH OF WORMLEYSBURG, CUMBER- LAND County, Pennsylvania, being. 108 SOUTH 2ND STREET, WORM- LEYSBURG, PA 17043-1312.' Parcel No. 47-20-1858-146. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment ,Amount: $77,239.81. 29 The Patriot -News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 PatriOgeWS Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY 012-4298 Civil Tetm ipMorgan Chase NA Vs Karl L. Dunkleberger Atty: Joseph Schalk By virtue of a Writ of Execution No. t 12-4298 CIVIL TERM l JP MORGAN CHASE BANK, r NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC S/ BIM TO CHASE MANHATTAN MORTGAGE CORPORATION S/ BIM TO CHASE MORTGAGE COMPANY v. rmixi r FRFRGFR -- —. This ad ran on the date(s) shown below: 01/19/14 01/26/14 02/02/14 Sworn to an subscribed before me this 18 day of February, 2014 A.D. Ty Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission Espies Dec. 12, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Horne Loan Mtg Corp is the grantee the same having been sold to said grantee on the 7th day of May A.D., 2014, under and by virtue of a writ Execution issued on the 4th day of October, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 4298, at the suit of JPMorgan Chase Bk N A SBM Chase Home Fin SBM Chase Man Mtg Corp SBM Chase Mtg Co against Karl L Dunkleberger is duly recorded as Instrument Number 201414930. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this J V I U , A.D. o day of )� . I�JJ�� `1 Dep v -c/ Recorder of Deeds Recorder of Deeds, Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2018