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HomeMy WebLinkAbout12-4669 m C_ r rZ < rn ?-, ;Z O -- PHELAN HALLINAN & SCHMIEG, LLP Joseph P. Schalk, Esq., Id. No.91656 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 261272 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK FORMERLY KNOWN AS WASHINGTON MUTUAL BANK, FA 1111 POLARIS PARKWAY COLUMBUS, OH 43240 Plaintiff V. LOIS WHITE-EASTERLY 408 HILLSIDE ROAD NEW CUMBERLAND, PA 17070-1862 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Q 6. l NO. ) 9-L4 ` l CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 261272 Q? Io3.7Spd Q? 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 #: 261272 Plaintiff is JPMORGAN CHASE, BANK, NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK FORMERLY KNOWN AS WASHINGTON MUTUAL BANK, FA 1111 POLARIS PARKWAY COLUMBUS, OH 43240 2. The name and last known address of the Defendant are: LOIS WHITE-EASTERLY 408 HILLSIDE ROAD NEW CUMBERLAND, PA 17070-1862 who is the mortgagor and real owner of the property hereinafter described. On 11/07/2003 LOIS WHITE-EASTERLY made, executed and delivered upon the premises hereinafter described to WASHINGTON MUTUAL BANK, FA, A FEDERAL ASSOCIATION which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Book 1844, Page 4687.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(8); 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 09/01/2010 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 261272 6. The following amounts are due on the mortgage as of 03/15/2012: Principal Balance $89,250.19 Interest at a variable rate $2,899.61 08/01/2010 through 03/15/2012 Late Charges $60.60 Property Inspections $126.00 Property Preservations $160.00 Appraisal/Brokers Price Opinion $545.00 Escrow Deficit $3,801.14 TOTAL $96,842.54 7 Plaintiff is not seeking a judgment of personal liability (or an in person am judgment) against the Defendant in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant on the date set forth thereon. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant in the sum of $96,842.54, 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 PISchalk, Esquire Y for Plaintiff File #: 261272 LEGAL DESCRIPTION The land referred to in this Commitment is described as follows: All those certain tract or parcel of land and premises, situate, lying and being in the Borough of New Cumberland, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows. BEGINNING at a point at the north easterly corner of Lot No. 15 and Hillside Road, a 50 foot right of way; thence continuing along Hillside Road, south 18 degrees 08 minutes 12 seconds east, a distance of 50.00 feet to a point; thence continuing along Lot No. 17, south 71 degrees 51 minutes 48 seconds west, a distance of 120.00 feet to a point; thence continuing along land now or formerly of Gordon Willis and Clyde J. Willis, north 18 degrees 08 minutes 12 seconds west, a distance of 50.00 feet to a point; thence continuing along Lot No. 15, north 71 degrees 51 minutes 48 seconds east, a distance of 120.00 feet to a point, the point and place of BEGINNING. BEING known as Lot No. 16 on the Final Subdivision Plan of New Cumberland Homes recorded in Plan Book 41, page 150. BEING known and numbered as 408 Hillside Road, New Cumberland, PA 17070. BEING part of the same premises which Donald E. Slike and Rose Marie Slike, his wife, by deed dated July 2, 1985 and recorded July 2, 1985 in the Office of the Recorder of Deeds in and for File #: 261272 Cumberland County, Pennsylvania, in Deed Book I-31, page 745, granted and conveyed unto Donald E. Slike and Rose Marie Slike, his wife. UNDER AND SUBJECT to any and all restrictions, reservations, conditions, easements and rights of way of record. PROPERTY ADDRESS: 408 HILLSIDE ROAD, NEW CUMBERLAND, PA 17070-1862 PARCEL # 25-25-0008-046 File #1: 261272 .4 Pennsylvania Verification Cynthia A. Perez , 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. (?Ag? (A - "nv ynthia A. Perez Vice President Date: JPMorgan Chase Bank, N.A Borrower: Lois White-Easterly Property Address: 408 Hillside Rd., New Cumberland, PA 17070-1862 County: Cumberland Last Four of Loan Number: 1505 JPMORGAN CHASE BANK, N.A. S/I/I WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK, F.A. vs. WHITE-EASTERLY, LOIS IN THE COURT OF C MOFA PL AS. OF CUMBERLA OLTY,? - PENNSTL A r " :. c) f tV , f rn =O G .. 9__q A 5 evil` NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have an attorney, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at not charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in attempt to work out a reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work our reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward, IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. 7 t,r It+ Date Respectfully submitted: Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Please Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different) City: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender:_ Loan: Loan Number: Second Mortgage Lender: of Loan: Loan Number: Date you Closed Your Loan: Total Mortgage Payments Amount: $ Date of Last Payment: State: Zip: Yes E] No ? Listing date: Price: $_ Realtor Phone:_ Yes ? No ? Home: Cell: State: Zip: Office: Other: How long? Home: Cell: Office: Other: State: Zip: How long? Type of Included Taxes & Insurance: Type . Primary Reason for Default: Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2 monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2° Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Money Day/Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Email: Fax: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No ? If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ? No ? If yes, please indicate the status of those negotiations: Please provide the following :information, if you know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Servicing Company (Name): Contact: Phone: Phone: I/We, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this page along with the following information to lender: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff [, t`t NO Jody S Smith Chief Deputy 2! 12 SEP -6 AM 10: 13 Richard W Stewart ?'{1MEF{El+iiU COUNTY Solicitor PENNSYLVANIA JP Morgan Chase Bank, NA Case Number vs. 2012-4669 Lois White-Easterly SHERIFF'S RETURN OF SERVICE 08/27/2012 Ronny R. Anderson, Sheriff, who being duly swom according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Lois White-Easterly, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program as not found as to the defendant Lois White-Easterly. Deputies attempted service at 408 Hillside Road, New Cumberland, Pennsylvania 17070 and found the residence vacant. Neighbors advised Deputies this residence has been vacant for quite some time. The New Cumberland Postmaster has advised, they are unable to forward Lois White-Eastedy's mail. However, she is thought to be receiving her mail at P.O. BOX 63782, Pipe Creek, Texas 78063 according to county tax records. SHERIFF COST: $50.00 August 29, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft. Inc. Phelan Hallinan, LIP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK FORMERLY KNOWN AS WASHINGTON MUTUAL BANK, FA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION CUMBERLAND COUNTY NO. 12-4669-CIVIL vs. C= CZ) LOIS WHITE-EASTERLY z cnt"' fir.;. .0 A r-;C C7-V AFFIDAVIT OF SERVICE OF COMPLAINT IN MORTGAGE FORECSUI4 c? PURSUANT TO Pa.R.C.P. 404(2)/403 y C: -? t3^r The undersigned Attorney for Lois White-Easterly, hereby certifies that service of the Complaint in Mortgage Foreclosure was made by sending a true and correct copy by certified mail to Defendant, Lois White-Easterly at P.O. BOX 63782, PIPE CREEK, TX 78063-3782. The Complaint was received by Defendant, Lois White-Easterly, on October 22, 2012 as evidenced by the attached Return Receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. PHELAN HALLINAN, LLP By: Jo ,0an Lobb, Esq., Id. No.312174 A orneys for Plaintiff Date: January 4, 2013 File #: 261272 UI`VffED 7",?11TES ?STAL SERVICE. Date Produced: 10/29/2012 PHELAN HALLINAN & SCHMIEG The following is the delivery information for Certified MailTM item number 7178 2417 6099 0109 7516. Our records indicate that this item was delivered on 10/22/2012 at 08:00 a.m. in LAKEHILLS, TX, 78063. The scanned image of the recipient information is provided below. Signature of Recipient: Address of Recipient: /'? -?- ?2y-6 6 _ 3 Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representative. Sincerely, United States Postal Service The customer reference number shown below is not validated or endorsed by the United States Postal Service. It is solely for customer use. Customer Reference Number: 110062 � u I� s AFFIDAVIT OF SkRViCB(FN ma PLAINlW CUMBERLAND COUN'T'Y JPMORGAN CHASE BANE,NATIONAL ASSOCIAT10M SUCCESSOR IN IM=tCSTBY PURCHASE FRObt TgE PHS#261272 -F w MERAL DEl?�TIIVStURANCE CORPORATION ASS M RECRIVTIR OF 1YASHiNGTON MUTUAL BANK FORMERLY KNOWN AS WASHINGTON MUTUAL BANK,FA Gil 1 ", DRFEMANT SERVICE Tr"hill - LOIS WHITE-EASTERLY COURT NO.:12-4669-CIVIL c- PLC) SERVE I.t)LS WIIiTE.EASTERI.Y AT: TYPE OF ACTION � �a F 123 RACQUET CLUB RD 7L1C Nodlce oP Shrxtrs We PIPE CREEK,TX 7$063-.S229 SALE DATE: June S,2013 SERVED Served and made known to Lola Defendant on the(L ay of g � .2D LL,at S 3©,o"cletek M,at Z 3 c�u Pe' in the manner described below: i�feyudant personally served. Adult family member with whom Defendants)reside(.). Relationship is Adult in charge of Defendant's residence who refused to gum ttamc or relationship Monager/Clak of place of lodging in which Defendants)r dde(s). Agent or person is charge of Def klanes office or lusted place of business. an officer of said Defeadanes comquty. --Other Dwat im: Age_ ,. Height Cr Weight t`z s Race Sex tkher a competent adult„being duly,sworn according to law,depose and state that I personally a true an cared dopy of the Notice gff SheifPs plc,in the manner as set forth herein,issued in the captioned case on the date and at due&A=indicated above. , Sworn to and su Dew F before me this day Mrir VIRGNtA RERUNGERI Notary Public.State of Texas of F-46 rmA 20jff My Commission Expires July 27,2015 Notary:V tit,c�,,nw.•�;�,y: ~ j�t,�SEItVEI) On t_he fly of a br L-a T Y 21Jt�,at o"clocit�.M.,I, a «tie rt A(cernpetcnt adult hereby state en t use: It _Vacant _ Does Not Exist _Moved _i}oa Not Reside(Not Vacant) _No Answer cn_.. _at at Service Refused Other. Sworn to and subscribed before me this.��day By. Notary. >9TTfxRNEIr FORPL c.A Phelan Hallinan,LIP 16171FK Boulevard,Suite,1400 One Pena Center Pura Philadelphia,PA 19103 (215)563-7000 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 IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT Civil Division INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK CUMBERLAND County FORMERLY KNOWN AS WASHINGTON r 3 MUTUAL BANK FA No.: 12-4669-CIVIL.• - w --� Plaintiff � . v o . � ' —4c) T>c) . -- LOIS WHITE-EASTERLY n,z cn 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 26, 2012. 2. Judgment was entered on January 25, 2013 in the amount of$96,842.54. 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. 261272 4. The Property is listed for Sheriffs Sale on June 5,2013. 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 $89,250.19 Interest Through June 5, 2013 $5,081.95 Late Charges $60.60 Legal fees $1,300.00 Cost of Suit and Title $808.75 Property Inspections $360.85 Property Preservation $574.00 Appraisal/Brokers Price Opinion $785.80 Mortgage Insurance Premium to be paid $193.32 Escrow to be paid $671.75 Escrow Deficit $8,128.65 Escrow Credit ($1,162.50) TOTAL $106,053.36 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 Plaintiff's 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 12,2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. 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. 261212 WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: By: so .Zu erman, Esquire ATTORNEY FOR PLAINTIFF 261272 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 IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT Civil Division INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK CUMBERLAND County FORMERLY KNOWN AS WASHINGTON MUTUAL BANK, FA No.: 12-4669-CIVIL Plaintiff V. LOIS WHITE-EASTERLY Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE LOIS WHITE-EASTERLY 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 408 HILLSIDE ROAD,NEW CUMBERLAND, PA 17070-1862. 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 261272 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. H. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 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 Sheriff s 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 261272 e 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 261272 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. 261272 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. Vl. 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 261.272 Real , 662 A.2d 1120 (Pa. Super. 1995). Plaintiff s legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly,the modest.sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 261272 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. 261272 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: By: on . Zucke an, Esquire Attorn ey fo aintiff 261272 Exhibit "A" 261272 r r PHELAN HALLINAN,LLP Attorney for Plaintiff Jonathan Lobb,Esq.,Id.No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 A -Q,-..:,-• E T,..— s,-- JPMORGAN CHASE BANK,NATIONAL CUMBER �6b _ `Y ASSOCIATION,SUCCESSOR IN N � INTEREST BY PURCHASE FROM THE COURT OF COMMON PLEA FEDERAL DEPOSIT INSURANCE M- CORPORATION AS RECEIVER OF DIVISION WASHINGTON MUTUAL BANK -- FORMERLY KNOWN AS WASHINGTON No.12-4669-CIVIL Ln MUTUAL BANK,FA _ VS. w LOIS WHITE-EASTERLY PRAECIPE FOR IN REM JUDGMENT FOR M�i 1 TO-- ANSWER AND ASSESSMENT OF DAMA29 rt" r, «'9.+ TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against LOIS WHITE-EASTERLY, Defendant for failure.to file an Answer to Plaintiffs 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 $96,842.54 TOTAL $96,8 _ I tic-feby cenity that(1) e e en ant's last known addresses are 408 HILLSIDE ROAD, NEW CUMBERLAND,PA 17070-1862,P.O. BOX 63782,PIPE CREEK,TX 78063-3782,and 123 RACQUET CLUB RD,PIPE CREEK, TX 78063-5229,and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date 1 J athan Lobb,Esq.,Id.No.312174 ttorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. , s DATE: PHS#261272 Pk" ONOTARY 261272 Exhibit "B" 261272 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 12,2013 LOIS WHITE-EASTERLY 408 HILLSIDE ROAD NEW CUMBERLAND, PA 17070-1.862 RE: JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK FORMERLY KNOWN AS WASHINGTON MUTUAL BANK,FA v. LOIS WHITE-EASTERLY Premises Address: 408 HILLSIDE ROAD NEW CUMBERLAND,PA 17070 CUMBERLAND County CCP,No. 12-4669-CIVIL 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 4/18/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours. Allison F. 'isc. -t31(111*;�, .iNo.309519 Attorney:: "aintiff Enclosure 261272 Name and Phelan Hallinan,LLP 00, Address 1617 JFK Boulevard,Suite 1400 Of Sender One Penn Center Plaza f C�1 Philadelphia,PA 19103 KVM ( 4 Line Article Number Name of Addressee Street,and Post OMee Address Post a e � I ""* LOIS WHITE-EASTERLY SOdS tc ` 408 HILLSIDE ROAD NEW CUMBERLAND PA 17070-1862 2 •""" LOIS WHITE-EASTERLY $0.45 123 RACQUET CLUB RD PIPE CREEK,TX 78063.5229 3 '"': IRIS WHITE-EASTERLY SOAS P.O.BOX 63782 I ` PIPE CREEY,TX 78063-3782 i RE:LOIS WHITE-EASTERLY CUMBERLAND PHS N 261271/2200 Page I of 1 $135 Total NasaMr of Towl Ntn+bet orpiem Pounasur,Par(Name of The full dalwtion of Hint is rc"kW on all domntit and ittrnWiarl retuned mail. Pteoes Listed by Sender Raenod at Post office Reod-g Employ-) for the teconsasetion ofnatxaoliapk docun is under Expreu Mail daunent rtcomatKt r piste subject to a limit of SfW.M per ocxu .The nuxdmum indemtdty payatib on Themaximum indemnity payable is 523.000 fa reQinnW mail,rest%*h opriond!Ulm R900 5911 tad 5921 for Emiutiona of*oinw- Fonn 3877 Facsimile ,F ' I , f i i i 261272 n • 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.zuckennan@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION, SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT Civil Division INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK CUMBERLAND County FORMERLY KNOWN AS WASHINGTON MUTUAL BANK, FA No.: 12-4669-CIVIL Plaintiff V. LOIS WHITE-EASTERLY 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. LOIS WHITE-EASTERLY LOIS WHITE-EASTERLY 408 HILLSIDE ROAD 123 RACQUET CLUB RD NEW CUMBERLAND, PA 17070-1862 PIPE CREEK, TX 78063-5229 LOIS WHITE-EASTERLY P.O. BOX 63782 PIPE CREEK, TX 78063-3782 Phelan Hal ' an, L P DATE: B . Allison F. erman,Esquire ATTO EY FOR PLAINTIFF 261272 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL : Court of Common Pleas ASSOCIATION, SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT : Civil Division INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK CUMBERLAND County FORMERLY KNOWN AS WASHINGTON MUTUAL BANK, FA No.: 12-4669-CIVIL Plaintiff V. LOIS WHITE-EASTERLY Defendant RULE AND NOW, this day of 2013, a Rule is entered upon the Defendant V 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 Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY T_lJE COURT J. -V rn as -V "nr` Co i'ET M-Alu tt � �,�y� 261272 t` FILED-OFFICE Phelan Hallinan, LLP OF THE PROTHONOTARY John D. Krohn, Esq., Id. N ��, ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suitelf '-2 One Penn Center Plaza CUMBERLAND COUNTY Philadelphia, PA 19103 PENNSYLVANIA jolui.krohn@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION, SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT Civil Division INSURANCE CORPORATION AS RECEIVER : OF WASHINGTON MUTUAL BANK CUMBERLAND County FORMERLY KNOWN AS WASHINGTON MUTUAL BANK, FA No.: 12-4669-CIVIL Plaintiff vs. LOIS WHITE-EASTERLY Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 25, 2013 Rule directing the Defendant to show cause as to why Plaintiff s Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. LOIS WHITE-EASTERLY LOIS WHITE-EASTERLY 408 HILLSIDE ROAD 123 RACQUET CLUB RD NEW CUMBERLAND, PA 17070-1862 PIPE CREEK, TX 78063-5229 LOIS WHITE-EASTERLY P.O. BOX 63782 PIPE CREEK, TX 78063-3782 Phelan Hallinan, LLP DATE: ��13 By: John D. Wrohn,Esq.,Id.No.312244 Attorney for Plaintiff 261272 li C)..{., ZZ 4M :a" 1 r PHELAN HALLINAN,LLP Attorney for Plaintiff w :1 Meredith Wooters,Esq., Id. No.307207 <CD =:,-I 1617 JFK Boulevard,Suite 1400 -C-) C) �o =na; One Penn Center Plaza I> G? C)(.11 Philadelphia,PA 19103. mom, 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL CUMBERLAND COUNTY ASSOCIATION,SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT COURT OF COMMON PLEAS INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK-FORMERLY CIVIL DIVISION KNOWN AS WASHINGTON MUTUAL BANK,FA Plaintiff, No.: 12-4669-CIVIL ' V. LOIS WHITE-EASTERLY 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". eredith Wooters,Esq.,Id.No.307207 Attorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the.plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS#261272 Name and Phelan Haliinan.LLP a Addrez 1617 JFK Boulevard.Suitt 1400 o OfSendcr One Penn CenterPiam f G Go Phihdrl hin;PA 19103 A7X/GNM-06/0SAO13 SALT j Line Article Numbe- Name of Addresse Street and Pest Office Addren Pc to e 1 *'•• TENANT/OCCUPANT S0.44 � �y 408 HILLSIDE ROAD + r �_ NEW CUMBERLAND PA 110780-1862 Commonwealth of Pennsylvania Bureau oflndiAduai Texts Inheritance Tax Division SOA4 "r me 6th Flour.Strawberry Sq.Dept 280601 v1 r a ryo urrishur,PA J7128 3 *"»• Department of Public 11e1fare,TPL Casualty Unit,Estate Recovery Program $0,44 �;;' s P.O.Box 8486 Willow Oak Building Harrisburg,PA 17105 4 "•• DISCOVERBANK 50.44 , 6500 NEW ALBANY ROAD NEW ALBANY OH 43054 5 "•p• DISCOVER BANK CIO JAMES C.WARMBRODT,ESQUIRE $0.44 436 SEVENTH AVENUE SIT 1400 Pt'[MURGH PA 15219 b' •*Re DISCOVER BANK C/O JAMES C.WA:RMBRODT,ESQUIRE $0.44 436 SEVENTH AVENUF: 2718 KOPPFRS RtM n1NG Pi7TSBURGH PA 15219 7 ryt• Domestic Rtlations of Cumberland County $0,44 13 North Hanover Stroet Carlisle PA 17013 8 "' Commonwealth of Peimsyh'ania Dtpartmrnt of Welfare $0.44 P.O.Box 2673 Ila rrlsburg,PA 17103 9 •'•• Internal Revenue Service Advisory $11A4 1000 Uberty Avenue Room 704 Pittsburgh,PA 15222 10 e • U.S.Department oflustice X44 U.S.Attorney for the Middle District or PA Federal Building 228 Walnut Sir"(,Suite 220 PO Box 11754 Harrisburg,PA 17108.1154 -•' —-RF I;flIS WHI.TP PAMRLY_(i;VMBT,?R],,AND1 PHS It 26127211t121 Page t of 1 writ` "40 "Hearn •• - -;:,.. .. Trrial ySymLm,.r TAW Mnnbernr�ea "3btnr:a.Prr(Nsas if Tk'frll d:el+-wice o?tiLeu rtrair<d maYlduM?e+ic urd iaterwtyawlnyi.'e<rcA nail.'nc,>z.xmu,r,ind_ms�y r.y,bae Fiect?y.iclydbgfrnJer R<aiircdelroslOfner Raxiviyr;t3n0byxr) (arbtaem.4-r•nofrAwromicdre rbandet£xp"+nrMAdMunrMtft MabnwuaneIt$30 .'?rM p'rcoe cubjtst pa Gads of ssnyatn M occoxw.,"nrc lnaxmnn indermily paabk m pap e i Mad mrchaniiw a SSM, Tk trauma brit-amiry payok h ul"M*W reva"ed ryult icnlwa►rryxaonrt nxrxma..See lamrane'Mm?'Umd '- Form 3877 Fimsimile,. S r OF T}E r@ Ho GTAr 2I1311Ay 20 AM 0; 37 CUMOERLANO COUNTY PENNSYLVANIA 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 IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT Civil Division INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK CUMBERLAND County FORMERLY KNOWN AS WASHINGTON MUTUAL BANK, FA No.: 12-4669-CIVIL Plaintiff vs. LOIS WHITE-EASTERLY Defendant MOTION TO MAKE RULE ABSOLUTE JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK FORMERLY KNOWN AS WASHINGTON MUTUAL BANK, FA, 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: 261272 1. A Motion to Reassess Damages was filed with the Court on April 22, 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 Defendant on April 12, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. 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 Albert H. Masland on or about April 25, 2013 directing the Defendant to show cause by May 15, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on April 30, 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. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 15, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. Phelan Hallinan, LLP DATE: 5 By: _ John D. ohn, sq., Id.No.312244 Attorney for Plaintiff 261272 Exhibit "A" 261272 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.12,2013 LOIS WHITE-EASTERLY 408 HILLSIDE ROAD NEW CUMBERLAND, PA 17070-1862 RE JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK FORMERLY KNOWN AS WASHINGTON MUTUAL BANK,FA v.. LOIS WHITE-EASTERLY Premises Address: 408 HILLSIDE ROAD NEW CUMBERLAND,PA 17070 CUMBERLAND County CCP,No. 12-4669-CIVIL 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 4/18/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. r Very truly"is`ur Allison Ftcl scj, 1'o.309519 Attorney,,; ' _1i i4i Enclosure 261272 Name and Phelan Hallinan,LLP � Address 1617 JFK Boulevard,Suite 1400 _► ill ,vh Of Sender One Penn Center Plaza Q Philadelphia,PA 19103 KVM Line Article Number Name of Addressee,Street,and Post Office Address Postage i **** LOIS WHITE-EASTERLY $0.45 c t os 408 HILLSIDE ROAD 1 0 m� NEW CUMBERLAND PA 17070-1862 j " __ 2 "*"" LOIS WHITE-EASTERLY $0.45 "goo 123 RACQUET CLUB RD !r PIPE CREEK TX 78063.5229 3 **** LOIS WHITE-EASTERLY S0.4S e P.O.BOX 63782 PIPE CREEK.TX 78063-3782 '• RE:LOIS WHITE EASTERLY CUMBERLAND FHS N 261271/1200 Page 1 of I Si 35 \ r 7da1 Number of Taal Nmtiberof Pieced Poaitearter.Per(Nrme of The face deeknlion of wine is regaeed on VI domestic ad mitrvafiorrl repsttred mil.Th j C PMM Used by Studer Ra cmul at Post Offm Receiving Emplci)-) for the rumsarenioa of nowgoliabk documents wider Eq=Mail doe wmi rammtroa 11 pic«subjca to s livat of gf(b,006 Per ouutesKe.111e araxlmom indermtry msbk wr Es Tbt maximum indemnq payable is 525,000 gr regkmod mil,wd wads agsioml inasmna R900 5913 aM S921 fw limitrioru of wi. Form 3877 Facsimile \ ! ;.; i { I i 261272 Exhibit "B" 261272 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION, SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT Civil Division INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK CUMBERLAND County FORMERLY KNOWN AS WASHINGTON MUTUAL BANK,FA No.: 12-4669-CIVIL Plaintiff v. LOIS WHITE-EASTERLY Defendant RULE AND NOW,this oCS41%- day of J. 3, 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 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 ' "Po ' yr- ;wad 261272 Exhibit "C" 261272 FILED-OFFICL 1r THE PROTHONO-TAf?,r f Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 2013 HAY -z AN 10�4�ORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Perm Center Plaza CUMBERLAND COUNTY Philadelphia, PA 19103 PENNSYLVANIA joh-n-kroh.n@phelanballinan.com 215-563-7000 J.PMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION, SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT Civil Division INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK CUMBERLAND County FORMERLY KNOWN AS WASHINGTON MUTUAL BANK, FA No:: 12-4669-CIVIL Plaintiff vs. - LOIS WHITE-EASTERLY , ' Defendant .,CERTMCATION_OF SERVICE, I hereby certify that a true and correct copy of the'Courts April 25, 2013 Rule directing the Defendant to show cause as to why Plaintiff s Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below, t', LOIS WHITE-EASTERLY LOIS WHITE-EASTERLY 408 HILLSIDE ROAD 123 RACQUET CLUB RD NEW CUMBERLAND,PA 1 7070-1 862 PIPE CREEK, TX 78063=5229 1 LOIS WHITE-EASTERLY P.O. BOX 63782 PIPE CREEK, TX 78063-3782 Phelan Hallinan, LLP DATE: . By: John D. ti'z,Esq.,Id.No 312244 Attorney for Plaintiff 261272 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.krolin@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION, SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT Civil Division INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK CUMBERLAND County FORMERLY KNOWN AS WASHINGTON MUTUAL BANK, FA No.: 12-4669-CIVIL Plaintiff vs. LOIS WHITE-EASTERLY 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. LOIS WHITE-EASTERLY LOIS WHITE-EASTERLY 408 HILLSIDE ROAD 123 RACQUET CLUB RD NEW CUMBERLAND, PA 17070-1862 PIPE CREEK, TX 78063-5229 LOIS WHITE-EASTERLY P.O. BOX 63782 PIPE CREEK, TX 78063-3782 Phelan Hallinan, LLP DATE: 511711-3 By: John D. Kr n, E s q.,Id.No.312244 Attorney for Plaintiff 261.272 A l IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL Court of Common Pleas ASSOCIATION, SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT Civil Division INSURANCE CORPORATION AS RECEIVER 1 OF WASHINGTON MUTUAL BANK CUMBERLAND Couy -� FORMERLY KNOWN AS WASHINGTON MUTUAL BANK, FA No.: 12-4669=CIVI�� ' m Plaintiff : i Z5� vs. LOIS WHITE-EASTERLY Defendant _= F ORDER AND NOW,this O�Z� day of 141 �j ; 2013, upon consideration of Plaintiff's 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 $89,250.19 Interest Through June 5, 2013 $5,081.95 Late Charges $60.60 Legal fees $1,300.00 Cost of Suit and Title $808.75 Property Inspections $360.85 Property Preservation $574.00 Appraisal/Brokers Price Opinion $785.80 Mortgage Insurance Premium to be paid prior to June 5, $193.32 2013 Escrow to be paid prior to June 5, 2013 $671.75 Escrow Deficit $8,128.65 Escrow Credit ($1,1.62.50) TOTAL $106,053.36 Plus interest at six percent per annum. 261.272 Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. =T: J. � ry�,ue � l.//'��6 t gS' f '(.s .t 261272 t a SLED-OF'F'{D� CF TiiErRCTHONO TAR y 37 CUMBERLAtio COUNTY AEr P�SYL ANNA 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 IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT Civil Division INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK CUMBERLAND County FORMERLY KNOWN AS WASHINGTON MUTUAL BANK, FA No.: 12-4669-CIVIL Plaintiff : vs. LOIS WHITE-EASTERLY Defendant MOTION TO MAKE RULE ABSOLUTE JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK FORMERLY KNOWN AS WASHINGTON MUTUAL BANK, FA, 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: 261272 1. A Motion to Reassess Damages was filed with the Court on April 22, 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 Defendant on April 12, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. 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 Albert H. Masland on or about April 25, 2013 directing the Defendant to show cause by May 15, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on April 30, 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. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 15, 2013. I WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. i Phelan Hallinan, LLP DATE: By: John D. ohn, sq., Id.No.312244 Attorney for Plaintiff I� I 261272 i i i Exhibit ".A" i 261272 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 12,2013 LOIS WHITE-EASTERLY 408 HILLSIDE ROAD NEW CUMBERLAND, PA 17070-1862 RE:' JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK FORMERLY KNOWN AS WASHINGTON MUTUAL BANK, FA v. LOIS WHITE-EASTERLY Premises Address:408 HILLSIDE ROAD NEW CUMBERLAND,PA 17070 CUMBERLAND County CCP,No. 12-4669-CIVIL 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),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 4/18/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yoUirs Allison K., 04 No.309519 Attorney. _ l-iutil' Enclosure 261272 Name and Phelan Hallinan,LLP Address 1617IFK Boulevard,Suite 1400 i N Of Sender One Penn Center Plaza �y Philadelphia,PA 19103 KVM Line Article Number I Name of Addressee,Street,and Post Office Address Postage i I **}* LOIS WHITE-EASTERLY $O q5 T °i 408 HILLSIDE ROAD � � NEW CUMBERLAND PA 17070-1862 ` o 2 ""** LOIS WHITE-EASTERLY 50.45 rroo° 1.23 RACQUET CLUB RD w PIPE CREM TX 78063-5229 3 **** LOIS WHITE-EASTERLY SOAS P.O.SOX 63782 -� r PIPE CREEK.TX 78063-3782 RE:LOIS WHITE-EASTERLY CUMBERLAND PHS N 261272/1200 Page I of I S135 •., Total Ne mber of Tout Noober of Pieces Poomaoer,Per(Name of The full dedruion of Hlue is ,I POM Listed by Sender Roaiwd o Pao Office Reo ivin rcgable o all tlotoecic,E itaaaariooet ommenred veil. i�+Pbr«7 for the taarmeetioo of r emejaliebk daunKats ender fi�eos Mul doaneat rocons<roa pica u bjxt to a lint of SS00.000 perouterenea.The maximum indemnity pat'A&oa 5 The m-b-.iadetmity payable is$25.000 for teiinered maii,eMt Nitb(Ipeienal imut9+c t R900 5913 tad 5921 for limitaridv of*",ervy. 1 Form 3877 Facsimile 261272 1 Exhibit "B" 261.272 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL - Court of Common Pleas ASSOCIATION, SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT r Civil Division INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK CUMBERLAND County FORMERLY KNOWN AS WASHINGTON MUTUAL BANK,FA No.: 12-4669-CIVIL Plaintiff v.. LOIS WHITE-EASTERLY Defendant RULE AND NOW,this c;? day of,..'.., :..;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 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 I-Ktii .. J, -!Z2 r 261272 Exhibit "C" 261272 "IF THE A OTHONOTAFi,, Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 2013 MAY -2 AM JOA6�ORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza CUMBERLAND COUNTY Philadelphia, PA 19103 PENNSYLVANIA john.krohn@phelaDhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION, SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT Civil Division INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK CUMBERLAND County FORMERLY KNOWN AS WASHINGTON MUTUAL BANK, FA No.: 12-4669-CIVIL Plaintiff vs. LOIS WHITE-EASTERLY "a , Defendant CFRTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 25, 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- LOIS « � " LOIS WHITE-EASTERLY LOIS WHITE-EASTERLY 408 HILLSIDE ROAD 123 RACQUET CLUB RD NEW CUMBERLAND,PA 17070-1862 PIPE CREEK, TX 78063-5229 LOIS WHITE-EASTERLY P.O. BOX 63782 PIPE CREEK, TX 78063-3782 Phelan Hallinan, LLP DATE: ' John D. c hn'Esq., Id. No.312244 Attorney for Plaintiff 261272 A ' 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 IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT Civil Division INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK CUMBERLAND County FORMERLY KNOWN AS WASHINGTON MUTUAL BANK, FA No.: 12-4669-CIVIL Plaintiff vs. LOIS WHITE-EASTERLY Defendant z 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. 4. LOIS WHITE-EASTERLY LOIS WHITE-EASTERLY 408 HILLSIDE ROAD 123 RACQUET CLUB RD NEW CUMBERLAND, PA 17070-1862 PIPE CREEK, TX 78063-5229 LOIS WHITE-EASTERLY P.O. BOX 63782 PIPE CREEK, TX 78063-3782 Phelan Hallinan, LLP DATE: 511 7113 By: _ ILlet.— John D. I , Esq., Id.No.312244 Attorney for Plaintiff 261272 • SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson L.E 10-rj,F F 11C E* 0 1 ljjo� Sheriff THE PRO 'JOTA ei 441tMb"'Q1j /A R Jody S Smith 4 7013 Chief Deputy 'AUG 27 AM 9- 5u) Richard W Stewart CUMBERLAND COUNTY Solicitor OFFICE OF TRE SRERIFF PENNSYLVANIA JP Morgan Chase Bank, NA Case Number VS. 2012-4669 Lois White-Easterly SHERIFF'S RETURN OF SERVICE 03/21/2013 02:13 PM-Deputy William Cline, 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 408 Hillside Road, New Cumberland Borough, New Cumberland, PA 17070, Cumberland County. 06/05/2013 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA on June 5, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Francis Hallinan, on behalf of Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $954.22 SO ANSWERS, August 19, 2013 RbNPrY FANDERSON, SHERIFF 16199' (c)CountyStjite Sheriff.Teleosoft,InG.. JPMORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS ASSOCIATION, SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT CIVIL DIVISION INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK FORMERLY KNOWN NO.: 12-4669-CIVIL AS.WASHINGTON MUTUAL'BANK, FA ' Plaintiff , CUMBERLAND COUNTY V. PHS#261272 LOIS WHITE-EASTERLY Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK FORMERLY KNOWN AS WASHINGTON MUTUAL BANK,FA,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 408 HILLSIDE ROAD,NEW CUMBERLAND,PA 17070-1862. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) LOIS WHITE-EASTERLY -123 RACQUET CLUB RD PIPE CREEK,TX 78063-5229 P.O.BOX 63782 PIPE CREEK,TX 78063-3782 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) LOIS WHITE-EASTERLY 123 RACQUET CLUB RD PIPE CREEK,TX 78063-5229 P.O.BOX 63782 PIPE CREEK,TX 78063-3782 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) DISCOVER BANK 6500 NEW ALBANY ROAD NEW ALBANY,OH 43054 DISCOVER BANK 436 SEVENTH AVENUE,STE 1400 C/O JAMES C.WARMBRODT,ESQUIRE PITTSBURGH,PA 15219 DISCOVER BANK 436 SEVENTH AVENUE C/O JAMES C.WARMBRODT,ESQUIRE 2718 KOPPERS BUILDING PITTSBURGH,PA 15219 1 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 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 408 HILLSIDE ROAD NEW CUMBERLAND,PA 17070-1862 COMMONWEALTH OF.PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105, DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013_ COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY,AVENUE•ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,.PA 17108-1754 FEDERAL BUILDING i 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: I By: Phelan Hallfi an,LIP Meredith Wooters,Esq.,Id.No.307207 rf JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, COURT OF COMMON PLEAS SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS CIVIL DIVISION RECEIVER.OF WASHINGTON MUTUAL BANK FORMERLY KNOWN AS WASHINGTON MUTUAL BANK, NO.: 12-4669-CIVIL FA Plaintiff CUMBERLAND COUNTY VS. LOIS WHITE-EASTERLY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LOIS WHITE-EASTERLY LOIS WHITE-EASTERLY P.O.BOX 63782 123 RACQUET CLUB RD PIPE CREEK, TX 78063-3782 PIPE CREEK,TX 78063-5229 "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 408 HILLSIDE ROAD,NEW CUMBERLAND,PA 17070-1862 is scheduled to be sold at the Sheriff's Sale on 06/05/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$96,842.54 obtained by JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK FORMERLY KNOWN AS WASHINGTON MUTUAL BANK,FA(the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to-petition the Court to set aside the sale if the bid price was grossly inadequate 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 } f LEGAL DESCRIPTION The land referred.to in this Commitment is described as follows: All those certain tract or parcel of land and premises,situate,lying and being in the Borough of New Cumberland,in the County of Cumberland,and Commonwealth of Pennsylvania,more particularly described as follows. BEGINNING at a point at the north easterly corner of Lot No. 15 and Hillside Road,a 50 foot right of way; thence continuingsalong Hillside Road,south 18 degrees 08 minutes 12 seconds east,a distance of 50.00 feet to a point;thence continuing along Lot No. 17,south 71 degrees 51 minutes 48 seconds west,a distance of 120.00 feet to a point;thence continuing along land now or formerly of Gordon Willis and Clyde J.Willis, north 18 degrees Q8 minutes 12 seconds west,a distance of 50.00 feet to a point;thence continuing along Lot No. 15,north 71 degrees 51 minutes 48 seconds east,a distance of 120.00 feet to a point,the point and place of BEGINNING. BEING known as Lot No. 16 on the Final Subdivision Plan of New Cumberland Homes recorded in Plan Book 41,page 150. UNDER AND SUBJECT to any and all restrictions,reservations,conditions,easements and rights of way of record. TITLE TO SAID PREMISES VESTED IN Lois White-Easterly,single individual,by Deed from Donald E.Slike and Rose Marie Slike,h/w,dated 11/05/2003,recorded 11/14/2003 in Book 260, Page 1678. PREMISES BEING:408 HILLSIDE JKUAD,NEW CUMBERLAND,PA 17070-1862 PARCEL NO.25-25-0008-046 i i SHORT DESCRIPTION By virtue of a Writ of Execution NO. 12-4669-CIVIL JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK FORMERLY KNOWN AS WASHINGTON MUTUAL BANK, FA VS. LOIS WHITE-EASTERLY owner(s) of property situate in the BOROUGH OF NEW CUMBERLAND, Cumberland County, Pennsylvania, being (Municipality) 408 HILLSIDE ROAD NEW CUMBERLAND PA 17070-1862 Parcel No.25-25-0008-046 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $96,842.54 Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard,Suite 1400 . Philadelphia,PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-4669 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK FORMERLY KNOWN AS WASHINGTON MUTUAL BANK,FA Plaintiff(s) From LOIS WHITE-EASTERLY (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 garnishees)that: (a)an attachment has been issued; (b)the garnishees) 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: $96,842.54 L.L.: $.50 Interest FROM 1/26/2013 TO DATE OF SALE($15.92 PER DIEM)-$2,085.52 Atty's Comm: Due Prothy:$2.25 Atty Paid:$198.75 Other Costs: Plaintiff Paid: Date: 2/14/2013 ,, David D. Bu 11, Prothonot (Seal) Deputy REQUESTING PARTY: Name: MEREDITH WOOTERS,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BOULEVARD,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 TRUE COPY FROM RECORD In Testimony whereon`,I here unto set my hand Supreme Court ID No.307207 and the se I of said Court t arlisle,Pa � This the Of�,20 t � Pr�otJh�onota a.t,�i° t On March 5, 2013 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA, Known and numbered as, 408 Hillside Road, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 5, 2013 By: I Real Estate Coordinator b0 •1 d S 1 033 EIOl JAIZ THS -Hl JO jai '� ' CUMBERLAND LAW JOURNAL Writ No. 2012-4669 Civil JP MORGAN CHASE BANK,NA VS. LOIS WHITE-EASTERLY Atty.: Francis Hallinan By virtue of a Writ of Execution NO. 12-4669-CIVIL, JPMORGAN CHASE BANK,NATIONAL ASSOCIA- TION,SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORA- TION AS RECEIVER OF WASHING- TON MUTUAL BANK FORMERLY KNOWN AS WASHINGTON MUTUAL BANK,FA vs.LOIS WHITE-EASTER- LY owner(s)of property situate in the BOROUGH OF NEW CUMBERLAND, Cumberland County, Pennsylvania, being 408 HILLSIDE ROAD, NEW CUMBERLAND,PA 17070-1862. Parcel No. 25-25-0008-046. Improvements thereon:RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $96,842- 54. i 84 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. AiVa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 6 dav of April,2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. 2020 Technology Pkwy 14e a rlo 'w ews - Suitib 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. 20124"9 CMI JP ORGAN CHASE BANK,NA This ad ran on the date(s)shown below: VS. IS WHITE-EASTERLY 04/16/13 AttY-* Francis Hallinan 04/23113 By virtue of'a Writ of Execution NO. 04/30/13 124669-CIVIL IPMORGANCHASEBANy .,NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST By PURCHASE FROM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . THE FEDERALDEPOSIT INSURANCE OCOF RPOWASHINGTON MUTUAL Sworn to and subscribed before me this 13 day of May, 2013 A.D. BANK FORMERLY KNOWN AS WASHINGTON MUTUAL BANK,FA LOIS WHITE-EASTERLY ry Public BOROUGH OF NEW CUMBERLAND, mer(s) of Property situate in the Cumberland County,Pennsylvania,being (Municipality) 408 HILLSIDE ROAD, NEW COMMONWEALTH OF PENNSYLVANIA CUMBERLAND,PA 17070-1862 "Z"IilNotarial Seat � Parcel No.25-25-W&0� ry Public (Acreage Holly Lynn Warfel,Notary 01 111=-T Wa Improvement 117, shington TwP.,Dauphin county DWELLING My commission Expires Dec.12,2016 JUDGMENT AMOUNT.$96 0- PENNSYLVANIA MEMBER ASSOCIAIION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: 1, 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 Assocation is the grantee the same having been sold to said grantee on the 5th day of June A.D., 2013,under and by virtue of a writ Execution issued on the 14th day of February, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 4669, at the suit of JPMorizan Chase Bank National Association against Lois White-Easterly is duly recorded as Instrument Number 201328478. IN TESTIMONY WHEREOF, I have hereunto set my hand 7-. and seal of said office this day of A- 'WA'*j.jZ, -, A.D. Recorder of Deeds f Deeds,Cumberland Cou*Carfisle,PA F1 c IR "'Mission Expires the First Monday of Jan.2014