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HomeMy WebLinkAbout12-4318(AF HP ROTHONOTARY 4011 JUL. 12 AM 10: 02 CUMBERLANO COUNTY PENNSYLVANIA PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 16.7 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 21:i-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC 1 111 POLARIS PARKWAY COLUMBUS, OH 43240 Plaintiff V. NICOLE A. THURSTIN SHANON L. THURSTIN 8 WILTSHIRE WEST STREET CARLISLE, PA 17015-7100 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. IO nnZ_c.43) ? CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE file It: 289775 0 %S 4 a 1) 91 18-7-2 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 289775 1. Plaintiff is JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC 1111 POLARIS PARKWAY COLUMBUS, OH 43240 2. The name(s) and last known address(es) of the Defendant(s) are: NICOLE A. THURSTIN SHANON L. THURSTIN 8 WILTSHIRE WEST STREET CARLISLE, PA 17015-7100 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/14/2006 NICOLE A. THURSTIN and SHANON L. THURSTIN made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR ERA HOME LOANS which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1940, Page 3221. By Assignment of Mortgage recorded 10/13/2010 the mortgage was assigned to CHASE HOME FINANCE, LLC which Assignment is recorded in Assignment of Mortgage Instrument No. 201029236.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. File #: 289775 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 02/29/2012: Principal Balance $89,104.88 Interest $4,445.46 06/01/2011 through 02/29/2012 Late Charges $215.53 Property Inspections $84.00 Subtotal $93,849.87 Escrow Credit 68.19 TOTAL $93,781.68 7 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon. File #: 289775 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $93,781.68, 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,*LLINAN & SCHMIEG, LLP Attorney for Esquire File k 289775 e LEGAL DESCRIPTION ALL THAT CERTAIN Unit, being Unit No. 8 (the 'Unit'), of Meadowridge at Mayapple Village Condominium (the 'Condominium'), located in South Middleton Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Meadowridge at Mayapple Village Condominium (the 'Declaration of Condominium') and Declaration Plats and Plans as recorded in the Office of the Recorder of Deeds in and for Cumberland County in Misc. Book 518, Page 333 and Right of Way Plan Book 11, Page 19, respectively, as amended in Misc. Book 525, Page 1199; and 535, Page 17; and Right of Way Plan Book 11, Pages 25 and 47 respectively, and as the same may be subsequently amended from time to time. TOGETHER with an undivided percentage interest in Common Elements as more particularly set forth in the aforesaid Declaration of Condominium and Declaration Plats and Plans, as last amended. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans, as amended. PROPERTY ADDRESS: 8 WILTSHIRE WEST STREET, CARLISLE, PA 17015-7100 PARCEL # 40-24-0760-139.-U-8 File #: 289775 Pennsylvania Verification Darryl Harris , hereby states that he/she is Vice President of JPMorgan Chase Bank, N.A. the 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. /Y. A i Darryl Harris Vice President Date: 06/29/12 JPMorgan Chase Bank, N.A Borrower: Nicole Thurstin Property Address: 8 Wiltshire W Street, Carlisle PA 17015 County: Cumberland Last Four of Loan Number: 0052 FORM 1 IN THE COURT OF COMMON PLEAS JPMORGAN CHASE BANK, NATIONAL OF CUMBERLAND COUNTY, PENNSYLVANIA ER TO ASSOCIATION, SUCCESSOR BY MERG CHASE HOME FINANCE, LLC r -- ? Plaintiff(s) L r vs. -<> N Z NICOLE A. THURSTIN SHANON L. THURSTIN / Q J /o d Ci il p -- ? v = ! Defendant(s) --4 CD NOTICE OF RESIDENTIAL MORTGAGE FORECLOSM?? 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. "L? rn d 46 C) _n --iM to If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-900 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge toy 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 provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your le al representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible f r a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolut on proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attache 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 conferenc is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reason bl 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. ?, )11 );)n Y-,y Date FORM 2 Date Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to dete possible options while working with your counseling agency. Please provide the following information the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: State: Zip: Yes El No ? Listing date: Price: $ Realtor Phone: Borrower Occupied? Yes ? No ? Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Cell: Email: # of people in household: Mailing Address: City: Phone Numbers: Office: Other: How long? State:__Zip: Home: Office: Cell: Other: Email: # of people in household: How long? First Mortgage Lender: _ Type of Loan: Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Date of Last Payment: Date You Closed Your Loan: Included Taxes & Insurance: Primary Reason for Default: Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ _ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Other transportation (automobiles, boats, motorcvcles): Model: Year: Year: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort age Food 2° Mortgage Utilities Car Payment(s) Condo/Nei . 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 your delinquency? Yes ? No ? If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I/We, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that Uwe am/are under no obligation t use the counseling services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship lett 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff .~ ; (., i '~ " ~ ,i, ~ i tt.r r„ f1 Jody S Smlth ~u~1tr of ~urn~p~,{~~~ Chief Deputy ,~~ a~ ' '~.- `~~ ~ ~ ~~~ ~ ~ ~~ ~' ~ , ~l ~ , Richard W Stewart ~ ~ ~~ ~~~°~.~f Solicitor ~fflc~:F.n,:~.,.~~=~fF~ ~,~~~~~-~ ~~~~~ ~rvK~~`~4. JP Morgan Chase Bank, NA vs. Case Numbe Nicole A. Thurstin (et al.) 2012-4318 SHERIFF'S RETURN OF SERVICE 08/08/2012 03:27 PM -Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on Augu t 8, 2012 at 1527 hours, she served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to it: Shanon L. Thurstin, by making known unto Caroline Thurstin, Mother to Shanon L. Thurstin at 1939 S. York Street, Mechanicsburg, Pennsylvania 17055. Request for service at 8 Wiltshire West Stree#, Carlisle, Pennsylvania 17015 the Defendant was not found. Deputies were advised by a neighbor no ne resides at this address only their personal effects remain. VALERIE WEARY, DEPUTY 08/08/2012 03:27 PM -Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on Aug 8, 2012 at 1527 hours, she served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to Nicole A. Thurstin, by making known unto Caroline Thurstin, Mother in Law to Nicole A. Thurstin at 1 S S. York Street, Mechanicsburg, Pennsylvania 17055. Request for service at 8 Wiltshire West Street, Carlisle, Pennsylvania 17015 the Defendant was not found. Deputies were advised by a neighbor no resides at this address only their personal effects remain. SHERIFF COST: $60.00 August 14, 2012 VALERIE WEARY, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF ir,1 CountySuite Sheriff, Teieoscn t. Inc. OF THE pi?OT PHELAN ., Zo 12 O 18 Jonathan Lbb, Esq., No.31217 1617 JFK Boulevard, Suite 1400 ?'VtVE?(,AND COUNT ? One Penn Center Plaza ?`? Y?'+?H^ fl?? Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC VS. NICOLE A. THURSTIN SHANON L. THURSTIN Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : No. 12-4318 CIVIL 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 NICOLE A. THURSTIN and SHANON L. THURSTIN, Defendants for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint TOTAL $93,781.68 $93,781.68 I hereby certify that (1) the Defendants' last known addresses are 8 WILTSHIRE WEST STREET, CARLISLE, PA 17015-7100 and 1939 S YORK ST, MECHANICSBURG, PA + aj?d 17055-5 126, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Q 1 Date Z C k, IaSS yy? ,.MV140 athan Lobb, Esq., Id. No.312174 ?61-1,t1 Attorn for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: (? ? (a PHS # 289775 P HONOTARY 289775 PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 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 CHASE HOME FINANCE, LLC CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. NICOLE A. THURSTIN SHANON L. THURSTIN : CIVIL DIVISION : No. 12-4318 CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendants NICOLE A. THURSTIN and SHANON L. THURSTIN are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant NICOLE A. THURSTIN is over 18 years of age and the last known addresses of the defendant are 8 WILTSHIRE WEST STREET, CARLISLE, PA 17015- 7100 and 1939 S YORK ST, MECHANICSBURG, PA 1 7055-5 1 26. (c) that defendant SHANON L. THURSTIN is over 18 years of age and the last known addresses of the defendant are 8 WILTSHIRE WEST STREET, CARLISLE, PA 17015- 7100 and 1939 S YORK ST, MECHANICSBURG, PA 17055-5126. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date J than Lobb, Esq., Id. No.312174 Attorney for Plaintiff 289775 Department of Defense Manpower Data Center Stet Report Pmuant to Serv tcemembers Civil Relief Act Last Name: THURSTIN First Name: SHANON Middle Name: L Active Duty Status As Of: Dec-17-2012 On Active Duty on Active Duty Status Date Active Duty Start Date Active Duty End Dale -- Status NA -- NA No This response reflects the individuals' active duty status based on the Active I Left Ach- Duty Within 367 Days of Active Duty Status: Date ity Status Date Results as of : De, 17-2012 12 09 42 SCRA 2 3 Service Component NA Duty Start Date Active Duty End Date NA -- Status Service Component NA -L No '.. NA This response reflects where the ind-duai leli ae6ve 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 or' Active Duly Status Date Order Notification Start Date Order Notifcation End Date NA - _ Status Service Component NA No NA This response reflects whether the indual. or his/her unit has received eddy rrot't icarion -o report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Gu Aut ard).. This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. 040 4 4rol' 0, 'Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Department of Defense Manpower Data Center Results a`, of De, 17-2012 12 11:12 SCRA 2.3 tams Report Pursuant to micemem n Civil Relief Act Last Name: THURSTIN First Name: NICOLE Middle Name: Active Duty Status As Of: Dec-17-2012 On Active Duty On Active Duty Status. Date --Active Duty Start Date Arrive Duty End Date Status NA Service Conrponerft 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 NA Service Component NA No -- T NA This response reflects where the individual left active duty st us w thin 367 days preceding [he Active Duty Status Date The Member or His/hler Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date NA 1 Status Service Component NA -I NA This response reflects whether the irtdlvidual a his/her unit has received eady notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. M Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington. VA 22350 Department of Defense Manpower Data Center ResulR_ as of Dec-17-2012 121217 SCRA 2.3 40 Stag Report Punwnt to Serviicememben Civil Relief Act Last Name: THURSTIN First Name: SHANON Middle Name: Active Duty Status As Of: Dec-17-2012 On Active Duty On Active Duty Status Data Active only Star; Date _ Active Duty End Date NA _ Status- Service Componen; NA No This response reflects the individUsls' 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 NA St_ Service Component 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 Noefied cra Future C311-Up to Active Duty on Active Duty Status Date Order Notficatioe Start Date Order Notification End Date I- - NA - No Status _ Service Component NA NA This response reflects whether the individual o, his/her unit has received early notFriration to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. iAy i Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Department of Defense Manpower Data Center Resul-s as of Dec-17-2012 12 08 45 SCRA 2.3 Stator Rtp ott Pmuant to Serviicemem Civil Relief Act Last Name: THURSTIN First Name: NICOLE Middle Name: A Active Duty Status As Of: Dec-17-2012 On Active Duty On Active curly Status Date Active Duty Star; Date ?. Active Duty End Date Status Service Component NA NA No NA This response reflects he individuals' active duty status based on'ne Ac7r-, Duty Status Date Left Active Duty Within 367 bays of Active Duty Status Date Active Duty Start Date Active Duty End Date Sic Ns Service Component _ NA NA No This response reflects where the individual left active dutyslatus within 36 d vs or,ceding the Active Duty Status Date .'The Member or H,s/Her Unit Was Notified or a Future Cail-Up to Active Duty on Acbve Duty Status Date Order Notfication Start Date Order Notification Entl Date Status Service Component NA NA No NA This response reflects whether the tc,idual or his/her uric has received eady rwtrlcafion to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. r )6k 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 : COURT OF COMMON PLEAS CHASE, HOME FINANCE, LLC CIVIL DIVISION VS. NICOLE A. THURSTIN No. 12-4318 CIVIL SHANON L. THURSTIN Notice is given that a Judgment in the above captioned matter has been entered against you on a 1 ?- • By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 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 I,S NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY." 289775 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER CHASE HOME FINANCE, LLC Plaintiff V. NICOLF, A. THURSTIN SHANON L. THURSTIN Defendant(s) TO: NICOLE A. THURSTIN 8 WILTSHIRE WEST STREET CARLISLE, PA 17015-7100 DATE OF NOTICE: _ ( I Ia e bZ COURT OF COMMON PLEAS CIVIL DIVISION NO. 12-4318 CIVI, CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE, IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 11- YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE AISLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: ,.__ J t ?n Lobb, Esq., Id. No.312174 tomey for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 289775 .IPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY.MERGER CHASE HOME FINANCE, LLC Plaintiff V. NICOLE A. THURSTIN SHANON L. THURSTIN Defendant(s) TO: NICOLE A. THURSTIN 1939 S YORK ST MECHANICSBURG, PA 17055-5126 DATE OF NOTICE: COURT OF COMMON PLEAS CIVIL DIVISION NO. 12-4318 CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: _ I than Lobb, Esq., Id. No. 312174 ttomey for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 289775 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER CHASE HOME FINANCE, LLC Plaintiff V. NICOLE A. THURSTIN SHANON L. THURSTIN Defendant(s) TO: SHANON L. THURSTIN 8 WILTSHIRE WEST STREET CARLISLE, PA 17015-7100 DATE OF NOTICE: 1.1 /28f COURT OF COMMON PLEAS CIVIL DIVISION NO. 12-4318 CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF, YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 170,13 (717) 249-3166 By: _--?_ J ian Lobb, Esq., Id. No.312174 tol ey for Plaintiff Phelan Hallman, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 289775 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER CHASE HOME FINANCE, LLC Plaintiff V. NICOLE A. THURSTIN SHANON L. THURSTIN Defendant(s) TO: SHANON L. THURSTIN 1939 S YORK ST MECHANICSBURG, PA 17055-5126 DATE OF NOTICE: It COURT OF COMMON PLEAS CIVIL DIVISION NO. 12-4318 CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND ME IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE,. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT .A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717)240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Jo an Lobb, Esq., Id. No.3 ] 2174 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 289/7.5 AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, SUCCESSOR BY MERGER CHASE HOME FINANCE,LLC PHS#289775 DEFENDANT SERVICE TEAM!Ixh NICOLE A.THURSTIN COURT NO.:12-4318 CIVIL SHANON L.THURSTIN r SERVE NICOLE A.THURSTIN AT: TYPE OF ACTION 1939 S YORK ST XX Notice of Sheriff's Sale3 MECHANICSBURG,PA 17055-5126 SALE DATE: June 5,2013 1 SERVED µ. Served and made known to NICOLE A.THURSTIN,Defendant on the*2"(day of 20 c r o'clock .,at in the manner descri below: ' Defendant 14rsonally served, I _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 ,3Q ,S Height S r� Weight /7D Race W Sex�Other I ` a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of heriffs 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 pe ties of 18 Pa.C.S. Sec.4904 relating to unswom falsification to authorities. Q S DATE: �13 NAME: PRINTED NAME: I(,/- Cf'l'J' S'-e�--� TITLE: �� NOT SERVED On the day of 20 ,at o'clock_.M.,I, a competent adult hereby a state that endant NOT FOUND�becaue: _Vacant _Does Not Exist ,Moved +Does Not Reside(Not Vacant) _No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP I617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, SUCCESSOR BY MERGER CHASE HOME FINANCE,LLC PHS#289775 DEFENDANT SERVICE TEAM/Ixh NICOLE A.THURSTIN COURT NO.:12-4318 CIVIL SHANON L.THURSTIN SERVE SHANON L.THURSTIN AT: TYPE OF ACTION 1939 S YORK ST XX Notice of Sheriff's Sale MECHANICSBURG,PA 17055-5126 SALE DATE: June 5,2013 SERVED Q_ Served and made known to SHANON L.THURSTIN,Defendant on the day of ^ 20 at in the manner descri below: o'clockp.M.,at S- _Defendant personally served. T - Adult family member with whom Defendant(s)reside(s). '� X 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). :0, Agent or person in charge of Defendant's office or usual place of business. C- •Y an officer of said Defendant's company. >-71 Other: --; Description: Age 3�� Height S,: Weight 170 Race N Sex f Other I, a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of theriff s Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec.4904 relating to unsworn falsification to authorities. DATE:-� � NAME: PRINTED NAME: TITLE: d C exr f' NOT SE VED On the day of 20 ,at o'clock .M.,I, a competent adult hereby state thatl7e7endant NOT FOUND because: _Vacant Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at at _Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 n C-) -Tj C --4 . 0-6 -0m PHELAN HALLINAN,LLP Attorney for Plaintiff -� c John Michael Kolesnik,Esq.,Id.No.308877 .�t� , 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 ~� IN THECOURT OF COMMON PLEA'S OF CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL_ : CUMBERLAND COUNTY ASSOCIATION;SUCCESSOR BY MERGER CHASE HOME FINANCE,LLC COURT OF COMMON PLEAS Plaintiff, - CIVIL DIVISION V. No.: 12-4318 CIVIL NICOLE A.THURSTIN SHANON L.THURSTIN 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 h et E - ibit"A". Joh' ichael Kolesnik,Esq.,Id.No.308877 orney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS#289775 J.. NaTrie and Phelan Hallinan,LLP Addrec5 1617 JFK Boulevard,Suitc 1400 Of Sender One Penn Crnter Plaza Philedelphia,PA 19103 AZKIGNN-06105013 SAI F r n n Line Article Number Name of Addressft,Street,and Post Office Address Postage _ 04 M I rays st ss TENANr'T/OCCUPANT a WILTSHIRE WEST STREET $0,44 <6� §e A/K/.A 8'AILTSHIRE CFEST 40 CARLISLE,PA 17015-7100 Lam} ; 2 414a •+:* ATI A MARIA MONTANO $0.44 q 3000LeadenhallRoad r mom , Mount La w"i 08054 t " .3 jjw•••• ERA Mortgate $0.44 2001 BISHOPS GATE BOULEVARD MOUNT N7 mm 4 4ssr JPMorgan Chase Bank,Notional Awodation(fkaChase) $0.44 780 Karrms Lone tad FLOOR a- Monroe.LA 71203 r' S now i*YY MAYAPPLE'VILLA+EROME OWNERS ASSOCIATION,INC. $0;� 220 YOCUMTOWN ROAD o E'I'fE1tS PA 17314 f} 1 y 6 MERS,asnomineefor ERA Mortgap $Q=44 i P.O.BOX 2026 FI.1N7'MI dRS01.1026 T 7 **+* MFRS'as namince for IPMnrgnn Mn%t Rank,National AmodA6011(ii®Chose) $0,44 '3 PA).BOX 2026 FLINT All48S41.2026 .. g - *so* MERS.INC. 1901 E VOORM S SlItEET.SUITE C 5,0.44 fSANVILLE IL 61834 9 '` ' Damest fzelstionsofCumberland County 13 North Hanover Street Ctrilste,PA 17013 11) r#frs ConunonwtalthofPcnnsylvaniaDepartmentorWcirare $0.44 P.O.Box 2675 flarrisbare.FA 17105 1I ••** Irternal Revenue Service Advisory ${1,44 1000 Liberty Avenue Room 704 Pittsburgh,PA 15222 I2 *44 US.DepartmentolJtsthx $0.44 US.Attorney for the Middle Districtof PA Federal Building 228 Walnut Streit,Suite 220 PO sox 11754 Harvishurg,PA 17103.1'54 RM NICOLE A.TIIUIISTIN CUMBERLA:NA PI15}/183177511021 Page 1 of 1 'Writ TaAm $5.28 X,u}f±u,rta+of fiur2t*rst+erarFixa rUaar?raler,r4v(Nmrsr 'The txrifaetursre.r cS Aoo ka rotrbpi w.Y:i arnreslJC xsv!&nc+ws+orvd reriWndr,,.a The marimr»iMCnmiry P.;at.ie :PYaas�r b- Re_^efardn Patl Olrivx Raeivirs rffvin r) (w Or mommetioe of wwroatk.dwutsert5 onset E.bmaa Man docamer<trwmirsntosfxvnm it S5MOM rrcr r+rsesaejet7ta stixdt W SSa4A}a ru acvacncc.3lrrrtmstrttvan ixle+.ani:p taprAk ca atprcp Mriimexfn'wtix it!Sett. The ftlaartrba lckanu}pMJwtr ra ir},WUfar maaLtr�ttuil,srtr'ws9s orimri Intu*isu,1M UnM%tt Mdi Afafrar�i rmooa:oia sr sat rornn.Aratam srrs..sr. Farm 3877 Facsf"Ic `" 11WC(�--�` FiC IJ c; PL,01 Hos0TARY Phelan Hallinan, LLP 21, 61 Zachary Jones, Esq., Id. No.310721 1617 JFK Boulevard, Suite 1400 C IMB R ND Cot' TORNEY FOR PLAINTIFF One Penn Center Plaza P E Philadelphia, PA 19103 Zachary.Jones@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, NATIONAL Court of Common Pleas ASSOCIATION, SUCCESSOR BY MERGER CHASE HOME FINANCE,.LLC Civil Division Plaintiff CUMBERLAND.County V. No.: 12-4318 CIVIL NICOLE A. THURSTIN SHANON L. THURSTIN Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES' Plaintiff,by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on July 12, 2012. 2. Judgment was entered on December 18, 2012 in the amount of$93,781.68. A true and correct copy of the praecipe for judgment is attached hereto,made part hereof, and marked as Exhibit"A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1),a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on June 5,2013. 289775 5. Additional sums have been incurred or expended on Defendants'behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $89,104.88 Interest Through February 28, 2013 $10,372.74 Late Charges $215.53 Legal fees $1,450.00 Cost of Suit and Title $780.47 Property Inspections $266.00 Escrow to be paid $277.43 Escrow Deficit $1,208.84 TOTAL $103,675.89 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law,Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on April 24, 2013 and requested the Defendants' Concurrence. Plaintiff.did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208,3(9)and certification of mailing are attached hereto, made part hereof, and marked as Exhibit"B". 10. No judge has previously entered a ruling in this case. 289775 WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP E DATE: _ � � I� By: ;Zac oJones AINTIFF 289775 Phelan Hallinan, LLP Zachary Jones, Esq., Id. No.310721 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Zachary.Joiies@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION, SUCCESSOR BY MERGER CHASE HOME FINANCE, LLC Civil Division Plaintiff CUMBERLAND County V. No.: 12-4318 CIVIL NICOLE A. THURSTIN SHANON L. THURSTIN Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE .NICOLE A. T14URSTIN and SHANON L. THURSTIN 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 8 WILTSHIRE WEST STREET, CARLISLE, PA 17015- 7100. The Mortgage indicates that in the event of a default in the mortgage,Plaintiff may advance any necessary sums, including taxes;insurance, and other items, in order to protect the security of the Mortgage. In the instant case,Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly,after it was clear that the default would not be 289775 cured,Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy,if any. 11. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of ajudgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55,59, 142 A.2d 319,321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22,24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale, Nationsbanc 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. Beekman v.Altoona Trust Co., 332 Pa. 545,2 A.2d 289775 826 (1939). Because ajudgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Bums,414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct ajudgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 111. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village 289775 Partnership v. Kimmel,424 Pa. Super 53, 55,621 A.2d 1036, 1037(1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266,270(1978). Pennsylvania Rule of Civil Procedure 1141(a). However,Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser,Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested, V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding,Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested,and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire,Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. 289775 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 289775 Really, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. V11. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage,Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action, It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced(which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as their interests will be divested by the Sheriff's sale. Accordingly,the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 289775 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. V111. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage,the lender may do, or pay for,whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default,the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows,winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. 289775 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. LX. 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: By:. Z ary Jone qu* .0^orney f lain 289775 Exhi bit "A" 289775 Y PHELAN HALLINAN,LLP Attorney for Plaintiff Jonathan Lobb,Esq.,Id.No.312174 r 1617 JFK Boulevard,Suite 1400 One Penn Center Plazas';c Philadelphia,PA 19103 " 215-563-7000 rn-q JPMORGAN CHASE B A►NK, . CUMBERLAND COUNTY NATIONAL ASSOCIATION, r",�..zp SUCCESSOR BY MERGER TO COURT OF COMMON PLE CHASE HOME FINANCE,LLC Z CIVIL DIVISION > No.124318 CIVIL NICOLE A.THURSTIN SHANON L.THURSTIN PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: C. Kindly enter judgment in favor of the Plaintiff and against ; COU•A.THURSTIN and SHANON L.THURSTIN,Defendants for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises,and assess Plaintiff's damages as follows: As set forth in Complaint $93,781.68 TOTAL $93,781.68 I hereby certify that(1)the Defendants'last known addresses are 8 WILTSHIRE WEST STREET,CARLISLE,PA 17015-7100 and 1939 S YORK ST,MECHANICSBURG,PA 17055-5126,and(2)that notice has been given in accordance with Rule Pa.R.C_P 237.1. Date V omthan Lobb,Esq.,Id.No.312174 ey for Plaintiff DA .6 DATE: �- t&�1� WOOK mow PHS#289775 PRO TAR 289775 Exhibit «B" 289775 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania and New Jersey April 24, 2013 y NICOLE A. THURSTIN ' SHANON L. THURSTIN 1939 S YORK ST MECHANICSBURG,PA 17055-5126 RE; CHASE BANK,NATIONAL ASSOCIATION, SUCCESSOR BY MERGER CHASE HOME FINANCE,LLC v.NICOLE A. THURSTIN and SHANON L. THURSTIN Premises Address: 8 WILTSHIRE WEST STREET CARLISLE,PA 17015 CUMBERLAND County CCP,No. 12-4318 CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by S/V(2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly youn-s. ac ly� ne t E q•, Id.No.3 721 A 3-lie o Ply"s tiff 289775 Name and Phelan Hallinan,LLP Address 16171FK Boulevard,Suite 1400 i Of Sender One Penn Center Plaza Phitadelt)hia,PA 19103 KVM Line Article Plumber Name of Addressee SUftt,and Post Office Address Ponta e 2 ""*+ NICOLE A.THURSTIN $0.46 ° SHANON L.THURSTIN 1939 S YORK ST in MECHANICSBURG PA 17055-5126 Q 3 "•" NICOLE A.THURSTIN 50.46 R� SHANON L.THURSTIN 8 WILTSHIRE WEST STREET w A CARLISLE,PA 17015-7100 � RE:NICOLE A.THURSTIN(CUMBERLANPI PHS#28977511200 Page 1 of i ISO.92 o 0 Tail Number of Tad Nw ba*fPieas Panmaaer,Per(Name of Tbc W doclrilion of vWw is required on all doeee#ic sad international registered mail. Pieces Lifted by Sender Roomed at Post Otte Roodvins Pm i4oy-) fr the recr0mnnioo at acme;aSisLkdocommis under Fayaess Mao doc=cae mommy pion:aubjm to slime or$500.000 per oeco rere.The Mwoomm isdomaity psy"on The jewderne mdefnairf payabie is#6.000 fr rs "vii owl.sea with"dined insnm _ R900 L913 a ad S921 for linita ns of Form 3877 Facsimile yo i02 p i 289775 v Phelan Hallinan, LLP Zachary Jones, Esq., Id. No.310721 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Zachary.Jones@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, NATIONAL Court of Common Pleas ASSOCIATION, SUCCESSOR BY MERGER CHASE HOME FINANCE, LLC Civil Division Plaintiff V. CUMBERLAND County NICOLE A. THURSTIN No.: 12-4318 CIVIL SHANON L. THURSTIN Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. NICOLE A. THURSTIN NICOLE A. THURSTIN SHANON L. THURSTIN SHANON L. THURSTIN 1939 S YORK ST 8 WILTSHIRE WEST STREET MECHANICSBURG, PA 17055-5126 CARLISLE, PA 17015-7100 Phelan Hallinan, LLP DATE: ,�.3 By: Y ary Jo qu e ATTO O LAINTIFF 289775 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION, SUCCESSOR BY MERGER CHASE HOME FINANCE, LLC Civil Division Plaintiff CUMBERLAND County V. No.: 12-4318 CIVIL NICOLE A. THURSTIN SHANON L. THURSTIN Defendants RULE AND NOW,this � � day of 2013, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to 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 THE COURT J. c D t ,(mil C-) -�: rn • �Lt.¢.Y+�tti.) �Ley `� S o 289775 Zachary Jones,Esq.,Id.No.310721 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 NICOLE A. THURSTIN NICOLE A. THURSTIN SHANON L. THURSTIN SHANON L. THURSTIN 1939 S YORK ST 8 WILTSHIRE WEST STREET MECHANICSBURG, PA 17055-5126 CARLISLE, PA 17015-7100 289775 289775 14 M�.0--0FF.]Cr" OF Tk PROTHONOTARl' 2013 mAY 16 AH 10? 25 Phelan Hallinan, LLP CUMBERLAND COUNTY Jonathan M. Etkowicz, Esq., Id.No.208786 PENNSYXYW' &EY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia; PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION, SUCCESSOR BY MERGER CHASE HOME FINANCE, LLC Civil Division Plaintiff CUMBERLAND County vs. No.: 12-4318 CIVIL NICOLE A. THURSTIN SHANON L. THURSTIN Defendants CERTIFICATION OF SERVICE I hereby certify that a.true and correct copy of the Court's May 9, 2013 Rule directing the, Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. NICOLE A. THURSTIN NICOLE A. THURSTIN SHANON L. THURSTIN SHANON L. THURSTIN 1939 S YORK ST 8 WILTSHIRE WEST STREET MECHANICSBURG, PA 17055-5126 CARLISLE,PA 17015-7100 Phelan DATE: S 3 By: Jonath M. Et owicz,Esq., Id. No.208786 Attorn y for Plaintiff 289775 Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman @phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION, SUCCESSOR BY MERGER CHASE HOME FINANCE, LLC Civil Division Plaintiff CUMBERLAND Counq VS. - No.: 12-4318 CIVIL 4'M ' . NICOLE A. THURSTIN SHANON L. THURSTIN r_Z: p` C; <C) =. Defendants vC:> MOTION TO MAKE RULE ABSOLUTE JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, SUCCESSOR BY MERGER CHASE HOME FINANCE, LLC, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on May 6, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on April 25, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable Christylee L. Peck on or about May 9, 2013 directing the Defendants to show cause by May 29, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 289775 4. The Rule to Show Cause was timely served upon all parties on May 15, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of May 29, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan, LL DATE: By: Ilis . Zuckerm sq., Id.No.309519 ttomey for Plaintiff 289775 Exhibit "A" 289775 PHELAN HALLINAN, LLP 1.617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hattinan, LLP Representing Lenders in Pennsylvania and New Jersey April 24, 2013 NICOLE A. THURSTIN SHANON L. THURSTIN 1939 S YORK ST MECHANICSBURG, PA 17055-5126 RE; JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, SUCCESSOR BY MERGER CHAISE HOME FINANCE, LLC v.NICOLE A. THURSTIN and SHANON L. THURSTIN Premises Address: 8 WILTSHIRE WEST STREET CARLISLE,PA 17015 CUMBERLAND County CCP,No. 12-4318 CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), 1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment.Please respond to me within 5 days,by S/ 2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yoti ac a,r t,..� , l c ., Id.No.3 x`721 A rte : :,r llatiff z�c lti `ill 289775 .x ? • Name and Phelan Hallinan,LLP Address 1617 7FK Boulevard,Suite'1404 Of Sender One Penn Center Plana i Philadelphia,PA 19103 K41M € Line Article Number Name of AddressM Stree and Past Offiee Address Posta e 2 '*'* NICOLE A.THURSTIN $4.46 O M SHANON L.THURSTIN M 1939 S YORK ST MECHANICSBURG PA 17055-5126 N 3 ••+' NICOLE A.THURSTIN 50.46 A a SHANON 1..7MRSTIN Lu st} 8 WILTSHIRE WEST STREET CARUSLIts PA 17015-7100 c� RE-NICOLE A.THURSTIN CUMBERLAND PHS It 28977511200 Page I of 1 $4.92 3 Ro. Tout Number of Taut Nmaba of Pieus. Postmww PP W(Nsme of TMa M&dwstioo of value is remdrcd an all domestic sod iowmaisaw mpstxr 4 MQ Notts Uftcdt Sender, Received at PooOnke Receiving F.mpbyue) for the rbmubuctioaofnmaretaiabkdocumeoucorderEV=Mandocmnestraoonmm pko csu bjectto SliorifofS500.00operoaiazeoo."tMmot mtademmifypeyabfase Tae muimmf Weroety piyabie is#5,000 for regi*e mail,smt with optional Om,{far x900 5913 and S921 for letitationa of Form 3877 Facsimile �a102 s ! 289775 I Exhibit "B" 289775 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ' ASSOCIATION, SUCCESSOR BY MERGER CHASE HOME FINANCE, LLC Civil Division Plaintiff CUMBERLAND County v:. No.: 12-4318 CIVIL NICOLE A. THURSTIN SHANON L. THURSTIN Defendants RULE AND NOW,this- day of.. 2013, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court,Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT rr C)C.1 289775 Exhibit "C" 2013 MAY 16 A1~t 10: 2 5 CUMBERLAND COUNTY Phelan Hallinan, LLP PENNSYLVANIA Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 j.onathan.etkowicz@phelanhalli'nan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, SUCCESSOR BY MERGER Cow of Common Pleas CHASE HOME FINANCE, LLC Civil Division Plaintiff CUMBERLAND County No.: 12-4318 CIVIL NICOLE A. THURSTIN p' SHANON L. THURSTIN Vol f Defendants CERTIFICA T1ON OF SERVICE ' I hereby certify that a true and correct copy of the Court's May.9,2013 Rule directin g the - ' �t Defendants to show cause as to why Plaintiffs Motion to Reassess Damages;should not:be granted was served upon the following individuals on the date indicated below. NICOLE A. THURSTIN NICOLE A. THURSTIN. SHANON L. THURSTIN SHANON L. THLIRSTIIV 1939 S YORK ST ' MECHANICSBURG,PA 17055-5126 8 WILTSHIRE WEST STREET CARLISLE,PA 17015-7100 i Phelan H DATE: By. J°nat11 �VI sE owac2. Esq.,Id.No.208786 Attorn y for Plaintiff 289775 Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, SUCCESSOR BY MERGER ; Court of Common Pleas CHASE HOME FINANCE, LLC • Civil Division Plaintiff vs. CUMBERLAND County " NICOLE A. THURSTIN ; No.: 12-4318 CIVIL SHANON L. THURSTIN Defendants CERTIFICATION OF SERVICE I hereby certify that'a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. NICOLE A. THURSTIN NICOLE A. THURSTIN SHANON L. THURSTIN SHANON L. THURSTIN 1939 S YORK ST 8 WILTSHIRE WEST STREET MECHANICSBURG,PA 17055-5126 CARLISLE,PA 17015-7100 Phelan Hallinan, DATE: By: Al ' n F. uckerman,Es ., Id. No.309519 Attorney fo aintif 289775 • u IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION, SUCCESSOR BY MERGER CHASE HOME FINANCE, LLC Civil Division Plaintiff CUMBERLAND Cc� �,, Co -n VS. zrn c M-- No.: 12-4318 CIVII,� h NICOLE A. THURSTIN -<I SHANON L. THURSTIN �a `l D c-� Z' o Defendants ' ' ` ORDER AND NOW, this 4&u day of 2013, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED,that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nune pro tune as follows: Principal Balance $89,104.88 Interest Through February 28, 2013 $10,372.74 Late Charges $2-15.53 Legal fees $1,450.00 Cost of Suit and Title $780.47 Property Inspections $266.00 Escrow to be paid prior to June 5, 2013 $277.43 Escrow Deficit $1,208.84 TOTAL $103,675.89 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. M, BY THE COURT: J. Jkaejjxa '74c4ee 'J 289775 L�s��3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy „ l 3 � —� r 3Y ✓; Richard W Stewart ' Solicitor OFFICE OF`"E"ERIFF C P E�,wt'S Y LVA Pi I ti JP Morgan Chase Bank, NA Case Number vs. Nicole A. Thurstin (et al.) 2012-4318 SHERIFF'S RETURN OF SERVICE 04/01/2013 02:40 PM - Deputy Jason Kinsler, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 8 Wiltshire West Street a/k/a 8 Wiltshire West, South Middleton Township, Carlisle, PA 17015, Cumberland County. 06/05/2013 As directed by Francis Hallinan, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/7/2013 08/07/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle PA on August 7, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Joseph Schalk, on behalf of,Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $989.82 SO ANSWERS, August 30, 2013 RON R ANDERSON, SHERIFF fd -4d, - s P`d - C�. g, 30,z (c)CountySu to Sheriff Inc. On March 5, 2013 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA, Known and numbered as, 8 Wiltshire West Street, a/lc/a 8 Wiltshire West, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 5, 2013 By: Real Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2012-4318 Civil JP MORGAN CHASE BANK, N.A. vs. NICOLE A.THURSTIN, Shanon L.Thurstin Atty.: Francis Hallinan By virtue of a Writ of Execution NO. 12-4318 CIVIL, JPMORGAN CHASE BANK,NATIONAL ASSOCIA- TION,SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC vs. NICOLE A. THURSTIN, SHANON L. THURSTIN owner(s)of property situ- ate in SOUTH MIDDLETON TOWN- SHIP, Cumberland County, Penn- sylvania,being 8 WILTSHIRE WEST STREET a/k/a 8 WILTSHIRE WEST, CARLISLE, PA 17015-7100. Parcel No. 40-24-0760-139.-U-8. Improvements thereon: Condo- minium. JUDGMENT AMOUNT: $93,781- .68. 77 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 12, April 19 and April 26, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. 7r 6,10a Marie Coyne, E for SWORN TO AND SUBSCRIBED before me this 26 dav of April, 2013 Notary � ry NUiARiAL Sc AL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 26,2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Federal National Mortgage Association is the grantee the same having been sold to said grantee on the 7th day of Augus A.D., 2013, under and by virtue of a writ Execution issued on the 19th day of February, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 4318, at the suit of JP Morgan Chase Bank,N.A. against Nicole A.Thurstin and Shanon L. Thurstin is duly recorded as Instrument Number 20132383. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this -"°e day of A.D. ©/3 Recorder of Deeds 0", CwrbaW Counyr,Crft,PA My Expires the Fast Malloy of Jan.2014 The Patriot-News Co. 2020 Technology Pkwy the atr1*otwXtws Suite 300 Mechanicsburg, PA 17050 NOW you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. 2012-4319 CIAVII MORGAN CHASE ,NA This ad ran on the date(s)shown below: �' 04116113 NICOLE A.THURST) Shanon L.ThuVStln 04/23/13 Attr. Francis NagtOan l �—- By virtue of a V4#of aw ut on No.12 04/30/13 4318 CIVIL JPMORGAN CHASE BANK NATIONAL A$SOCL 310N, SUCCESSOR BY MERGER TO CHASE HOME FINANCE,LL.0 Y&` Sworn to and subscribed before me 13 day of May, 2013 A.D. NICOLE A.THURSTIN SHANON L THURSTIN. owner(s) of property situate in SOUTH MIDDLETON TOWNSHIP, Cumberland h4 County,Pennsylvania,being „i P UDIIC (MunidpahY) gVVH, , TSTT AlK7A�'MRL � i CARMLE,PA 17045-7100 Parcel No.40-24-0760-139.-U-8 COMMONWEALTH OF PENNSYLVANIA (Acreage or street address) . Notarial Seal Improvements thereon: Condominium holly Lynn Warfel,Notary Public JUDGMENT AMOUNT.$93,781.68 Washington Twp.,Dauphin County My Commission Expires Dec.12,2016 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES