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HomeMy WebLinkAbout12-4917 PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION 1111 POLARIS PARKWAY COLUMBUS, OH 43240 V. Plaintiff LEONIE RAUM 1801 ENGLISH DRIVE MECHANICSBURG, PA 17055-5648 Defendant - T _ C-) ?-? -T 1 zm c r C-I ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. /a- 017 6ivi CUMBERLAND COUNTY CIVIL ACTION - W COMPLAINT IN MORTGAGE ORECLOSURE 0 '10.3.7.3 A0 777 C* ?ai'39 File #: 281651 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 lin 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 170131 (717) 249-3166 (800) 990-9108 File #: 281651 1. Plaintiff is JPMORGAN CHASE BANK, NATIONAL ASSOCIATION 1111 POLARIS PARKWAY COLUMBUS, OH 43240 2. The name(s) and last known address(es) of the Defendant(s) are: LEONIE RAUM 1801 ENGLISH DRIVE MECHANICSBURG, PA 17055-5648 who is/are the mortgagor(s) and/or real owner(s) of?the property hereinafter described. 3. On 06/19/2008 LEONIE RAUM made, executed aid delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE ?OR FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK N.A. which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200820812. By Assignment of Mortgage recorded 01/18/2012 the mortgage was assigned to JPMORGAN CHASE BANK, NATIONAL ASSOCIATION which Assignment is recorded in Assignment of Mortgage Instrument No. 201201693.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 las attached. File #: 281651 5 6. 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. The following amounts are due on the mortgage as of 05/31/2012: Principal Balance $86,068.29 Interest $5,594.40 06/01/2011 through 05/31/2012 Late Charges $197.42 Property Inspections $190.00 Property Preservation $41.99 Escrow Deficit 749.55 Subtotal $92,841.65 Suspense Credit 25.50 TOTAL $92,816.15 7. Plaintiff is not seeking a judgment of personal liabi?ity (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right (exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon. File #: 281651 •r WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $92,816.15, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and fore the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP File #: 281651 1w LEGAL DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN apartment dwelling unit situated in English Court Condominium, Upper Allen Township, Cumberland County, Pennsylvania, being! designated as Unit No. 6-A in the Declaration and Declaration Plans of said condominium, rejcorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, in Misc. Book 285, Page 570, and Plan Book 43, Page 42, respectively under the provisions of the Uniform Condominium Act of July 6, 1980. TOGETHER with all right of title and interest, being an 111.32% interest of, in and to the Common Elements as more fully set forth in the Declaratioln of Condominium and Declaration Plans. UNDER AND SUBJECT to all agreements, conditions, ea?ements and restrictions of record and to the provisions, easements, covenants and restrictions as contained in the Declaration and the Declaration Plans. BEING the same premises which Judy L. Laverty by deed dated December 14, 1992, and recorded December 17, 1992 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book A-36, Page 1059, granted and conveyed unto Arthur C, Prinz, Sr. and Ethel M. Prinz. PROPERTY ADDRESS: 1801 ENGLISH DRIVE, ME?HANICSBURG, PA 17055-5648 PARCEL # 42-27-1890-039.-U-6-A-1 File #: 281651 v rn w T T VERIFICATION ,?j , hereby states that he/she is Vice President of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information, and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Namet Darryl Harris DATE: 6/211/2 Title: Vice President JPMORGAN CHASE BANK, NATIONAL ASSOCIATION File#:281651 (FHA) Name: RAUM File li: 281651 FORM 1 IPMORGAN CHASE BANK, NATIONAL ASSOCIATION Plaintiff(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. LEONIE RAUM Defendant(s) a- Civil ,..le---Il1't NOTICE OF RESIDENTIAL MOR GAGE FORECLOSURE DIVERSION PR RAM You have been served with a foreclosure complaint that If you own and live in the residential property which is the sul participate in a court-supervised conciliation conference in an effort to If you do not have a lawyer, you must take the following First, within twenty (20) days of your receipt of this notice, you must 4 extension 2510 or (800) 822-5288 extension 2510 and request appoin Once you have been appointed a legal representative, you must proml twenty (20) days of the appointment date. During that meeting, you m requested financial information so that a loan resolution proposal can representative complete a financial worksheet in the format attached h Request for Conciliation Conference with the Court, which must be fi: service upon you of the foreclosure complaint. If you do so and a con opportunity to meet with a representative of your lender in an attempt lender before the mortgage foreclosure suit proceeds forward. cause you to lose your home. of this foreclosure action, you may be ve this matter with your lender. to ps to be eligible for a conciliation confere e. itact MidPenn Legal Services at (717) 243-9 00 ;nt of a legal representative at no charge toy you. meet with that legal representative within provide the legal representative with all prepared on your behalf. If you and your le al ,to, the legal representative will prepare and with the Court within sixty (60) days of the iation conference is scheduled, you will have an work out reasonable arrangements with your If you are represented by a lawyer, you and your lawyer ust take the following steps to be eligible & conciliation conference. It is not necessary for you to contact MidPe Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all reque ted financial information so that a loan resolut proposal can be prepared on your behalf. If you and your lawyer comp ete a financial worksheet in the format attache hereto, your lawyer will prepare and file a Request for Conciliation C erence with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure comp aint. If you do so and a conciliation conference scheduled, you will have an opportunity to meet with a representative f your lender in an attempt to work out reason arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACCT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. 6 Z Date Michael Kolesnik, Esquire nev for Plaintiff is C . :r r-Fiw -•G -j t W T FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to dete possible options while working with your counseling agency. P ease provide the following information the best of your knowledge: Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ? No E] Listing date: Price: $ Realtor Name: ! Realtor Phone: Borrower Occupied? Yes El No ? Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: it of nennle in hnnaehn1d- How lnnoO Email: # of people in household: How long? First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: ivianmr, r-?uuiwa. City: State: Zip: Phone Numbers: Home: Office: Cell: Other: 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: Year: Automobile #2: Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): les): Model. Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross onthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2°d Mortgage Utilities Car Pa ment(s) Condo/Nei h' Fees Auto Insurance Med. (not co eyed) Auto fuel/re airs Other prop- ent Install. Loan Payment Cable TV Child Su ort/Alim. Spending Money Da /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): 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' loan servicing company to resolve your delinquency? Yes ? No F] If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding ypur lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: I/We, to use/refer this information to my 1 financial situation for possible mortgage options. We u use the counseling services provided by the above named Borrower Signature Co-Borrower Signature Date Date _, authorize the above named ricer for the sole purpose of evaluating that I/we am/are under no obligation tc 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 I 5. Letter explaining reason for delinquency and any supporting documentation (hardship lett 6. Listing agreement (if property is currently on the m rket) Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY y #~~iw, ~~~~~~~~i QIL tilt 1Cl f~th/~~1 4(~ 1 ~~i.:ff~~~i!'~'~!`~~"~' ~ t~ ~~ ; JP Morgan Chase Bank, NA Case Number vs. Leonie Raum 2012-4917 SHERIFF'S RETURN OF SERVICE 08/17/2012 04:22 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on !. August 17, 2012 at 1622 hours, she served a true copy of the within Complaint in Mortgage Foreclosu e and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant to wit: Leonie Raum, by making known unto himself personally, at 1801 English Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. AMANDA COBAUGH, DEPU~Y SHERIFF COST: $38.00 SO ANSWERS, ~-"'~~ August 20, 2012 RON R ANDERSON, SHERIFF ; "lIIRIY`~ 1 I' ~ "f..^if F ,p-Oi(, )(~C. JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Plaintiff vs. LEONIE RAUM, Defendant : IN THE COURT OF COMMON PLEAS OF ~ ~ ,, ~, --,-•, ~ CUMBERLAND COUNTY, PENNSYLVA , ~ rte-" Z'~ t =~ a CIVIL ACTION -LAW ."'cv ~ ~ ca NO. 12-4917 CIVIL tG -a ©- i Zo ~ ~c~ rn ,~ p w e ~. ~ ~ CONCILIATION CONFERENCE Present at a conciliation conference held November 8, 2012, were Joseph Schalk, Esquire attorney for the plaintiff; John Milakovic, Esquire, attorney for the defendant; and Leonie Raum, the homeowner. This matter is being reviewed for a possible loan modification. Further documents need to be provided; specifically, a letter verifying the defendant's employability and two successive pay stubs. The parties agree that these documents would be furnished through counsel within ten (10) days to facilitate the review of this loan or consideration of other alternatives to resolve this matter. Continued conciliation conference will be set by order of even date herewith. ORDER AND NOW, this ~~ day of November, 2012, continued conciliation conference is set for Wednesday, January 16, 2013, at 1:30 p.m. in Chambers of the undersigned. BY THE COURT, ~,~ Hess, P.J. ~~ln (~• ~,14~'OViL ~S i ~r Joseph Schalk, Esquire 126 Locust Street Harrisburg, PA 17101 For the Plaintiff John G. Milakovic, Esquire 212 North Third Street P. O. Box 11998 Harrisburg, PA 17108-1998 For the Defendant :rlm PHELAN HALLINAN, LLP i r r ' r' # � '� "` '' Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.312174 2013 APR _ I AM G: 52 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza CUMBERLAND COUNTY Philadelphia, PA 19103 PENNSYLVANIA 215-563-7000 JPMORGAN CHASE BANK, CUMBERLAND COUNTY NATIONAL ASSOCIATION COURT OF COMMON PLEAS VS. CIVIL DIVISION LEONIE RAUM No. 12-4917 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 LEONIE RAUM, Defendant 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 $92,816.15 TOTAL $92,816.15 I hereby certify that(1)the Defendant's last known address is 1801 ENGLISH DRIVE, MECHANICSBURG, PA 17055-5648, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date .3h _ J an Lobb, Esq., Id. No.312174 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: J PROTHONOTARY , c 14,50 c a �-� ' 2816 w4a IV led 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 JPMORGAN CHASE BANK, CUMBERLAND COUNTY NATIONAL ASSOCIATION COURT OF COMMON PLEAS VS. CIVIL DIVISION LEONIE RAUM No. 12-4917 AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant is 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 LEONIE RAUM is over 18 years of age and resides at 1801 ENGLISH DRIVE, MECHANICSBURG, PA 17055-5648. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 3 L3 athan�Lobtb, Esq., I Attorney for Plaintiff 281651 k Department of Defense Manpower Data Center Results as of:Mar-28-2013 06:32:12 SCRA 3.0 stahn hv}l t Pmumt to Service members Civff Relief Act Last Name: RAUM First Name: LEONIE Middle Name: Active Duty Status As Of: Mar-28-201.3 on Active trttty on "butt st tits " Active Duty Start Date Active Duty EMI gate Service Component NA NA '; ~< NA This response refl:a*L.Jndivi6ais'active duly Status based on tM@ t ;Status Date Lee Alive mfly'SARtwo:63 7 tMyd;t#1 , 'Active Duty Start Date Active Duty End Date :; " Service Coin NA NA ¢ s,;r, NA This response reflects where file Indtuidual left aetivi� _ ays preceding the Status Date The Member or Fflsfr Utflt Vt- Fri fib, tkder oafton Stott Dad order ed q e t@ r„ ant NA NA This response reflects whether r unif has ie report for alive duty Upon searching the data banks of the Department of Defense Manpower` wed on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Oft w fit. a+r 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 COURT OF COMMON PLEAS VS. CIVIL DIVISION LEONIE RAUM No. 12-4917 Notice is given that a Judgment in the above captioned matter has been entered against you on y/ —3-- 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 PREVIOUSLYRECEIVED A DISCHARGE INBANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECTA DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINSTPROPERTY.** 281651 JPMORGAN CHASE BANK,NATIONAL COURT'OF COMMON PLEAS ASSOCIATION CIVIL DIVISION Plaintiff NO, 12-49-17 LEONIE RAUM Defendant(s) CUMBERLAND COUNTY TO: LEONIE RAUM 1801 ENGLISH DRIVE MECHANICSBURG,PA 17055-5648 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLFCT 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 I 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 o'f the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 17)249-3166 By: 7-ac, hes, Id. No.310721 JA � foi- aintiff Jill .liijj�LLP al 'ian�LLP 1617 JV"Yetoulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#281651 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 12-4917 LEONIE RAUM Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: C) Amount Due $92,816.15 Interest from 04/02/2013 to Date of Sale $2,380.56 �M � m ($15.26 per diem) u)t— _<D . C% ' --A C? TOTAL 95196.71 �� =F y c Q CD 73 P elan Hallinan,LLP Melissa J.Cantwell,Esq.,Id.No.308912 Attorney for Plaintiff Note: Please attach description of property. PHS#281651 D aA1 l0� ' 75 1 � �a . so LL- Y � Q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL ASSOCIATION Plaintiff V. LEONIE RAUM Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Fled: Address where papers may be served: LEONIE RAUM Phelan Hallinan,LLP-1 1801 ENGLISH DRIVE Melissa J.Cantwell,Esq.,Id.No.308912 MECHANICSBURG,PA 17055-5648 Attorney for Plaintiff " LEGAL DESCRIPTION ALL THAT CERTAIN apartment dwelling unit situated in English Court Condominium, Upper Allen Township, Cumberland County, Pennsylvania, being designated as Unit No. 6-A in the Declaration and Declaration Plans of said condominium, recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania,in Misc. Book 285, Page 578, and Plan Book 43, Page 42, respectively under the provisions of the Uniform Condominium Act of July 6, 1980. TOGETHER with all right of title and interest, being an 11.32% interest of, in and to the Common Elements as more fully set forth in the Declaration of Condominium and Declaration Plans. UNDER AND SUBJECT to all agreements, conditions, easements and restrictions of record and to the provisions, casements, covenants and restrictions as contained in the Declaration and the Declaration Plans. The Grantee, for and on behalf of the Grantee, and the Grantee's heirs, personal representatives, successors and assigns, by the acceptance of this Deed, covenants and agrees to pay such charges for the maintenance of, repairs to, replacement of and expenses in connection with the Common Elements as may be assessed from time to time by the Executive Board in accordance with the Uniform Condominium Act of Pennsylvania, and further covenants and agrees that the Unit conveyed by this Deed shall be subject to a charge for all amounts so assessed and that, except insofar as Section 3315 of said Uniform Condominium Act, may relieve a subsequent Unit owner of liability for prior unpaid assessments, this covenant shall run with and bind the land or Unit hereby conveyed and all subsequent owners thereof. The Grantee, for and on behalf of the Grantee, and the Grantee's heirs and assigns, by the acceptance of the Deed and execution below, acknowledges that this conveyance is subject in every respect to the Declaration, the Declaration Plans and all amendments thereto; and the Grantee further acknowledges that each and every provision of the foregoing is essential to the best interest and for the benefit of all Unit owners therein. Grantee and all owners of Units in said condominium covenant and agree, as a covenant running with the,land, to abide by each and every provision of said documents. TITLE TO SAID PREMISES IS VESTED IN Leonie Raum, a single person,by Deed from Michael Lee Prinz, Executor of the Estate of Ethel M. Prinz, formerly of Swatara Township, dated 06/19/2008, recorded 06/20/2008 in Instrument Number 200820811 PREMISES BEING: 1801 ENGLISH DRIVE,MECHANICSBURG,PA 17055-5648 PARCEL NO. 42-27-1890-039.-U-6-A-1 PHELAN HALLINAN,LLP Attorneys for Plaintiff Melissa J. Cantwell,Esq., Id. No.3089, ' THE p OTHONOTAR'Y 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza 2013 APR 1,6 AM 10: 06 Philadelphia, PA 19103 215-563-7000 CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 12-4917 LEONIE RAUM Defendant(s) . CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197,41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Phelan Hallinan,LLP Melissa J. Cantwell,Esq.,Id.No.308912 Attorney for Plaintiff JPMORGAN CHASE BANK,NATION�L ED_OF F I C E COURT OF COMMON PLEAS ASSOCIATION OF THE PROTHONOTARY CIVIL DIVISION 2013 APR 16 AEI 10: 06 V. NO.: 12-4917 CUMBERLAND COUNTY LEONIE RAUM PENNSYLVANIA Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 1801 ENGLISH DRIVE,MECHANICSBURG,PA 17055-5648. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) LEONIE RAUM 1801 ENGLISH DRIVE MECHANICSBURG,PA 17055-5648 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) LEONIE RAUM 1801 ENGLISH DRIVE MECHANICSBURG,PA 17055-5648 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) 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) UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSBURG,PA 17055 UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE C/O J.STEPHEN FEINOUR,ESQUIRE MECHANICSBURG,PA 17055 UPPER ALLEN TOWNSHIP 200 NORTH 3RD STREET C/O NAUMAN SMITH SHISSLER ET AL P.O.BOX 840 ATTN:J.STEPHEN FEINOUR,ESQUIRE HARRISBURG,PA 17108 PHS #281651 y r 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) ENGLISH COURT DEVELOPMENT,INC. 2110 FISHER ROAD,COVENTRY CENTER MECHANICSBURG,PA 17055 ENGLISH COURT CONDO ASSOCIATION 1801-1815 ENGLISH DRIVE P.O.BOX 891 MECHANICSBURG,PA 17055 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 1801 ENGLISH DRIVE MECHANICSBURG,PA 17055-5648 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 LEONIE RAUM 212 N.THIRD STREET C/O JOHN G.MILAKOVIC,ESQUIRE P.O.BOX 11998 HARRISBURG,PA 17108-1998 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 1.7013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: APR 15 2013 Phelan Hallinan,LLP Melissa J. Cantwell,Esq.,Id.No.308912 Attorney for Plaintiff PHS #281.651 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO.: 12-4917 LEONIE RAUM Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LEONIE RAUM 1801 ENGLISH DRIVE MECHANICSBURG, PA 17055-5648 "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 1801 ENGLISH DRIVE,MECHANICSBURG,PA.17055-5648 is scheduled to be sold at the Sheriff's Sale on 09/04/2013 at 10:00 AM in the Cumberland County Courtheyose'sou Hanover Street,Carlisle,PA 17013 to enforce the court judgment of$92,816.15 obtained by J�'IO GAN CHASE BANK,NATIONAL ASSOCIATION(the mortgagee) against you. In the event tl i�le i on�d, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. =� rrl NOTICE OF OWNER'S RIGHTS s> s o C YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE © :) rrz z p A To prevent this Sheriff's Sale, you must take immediate action: `-j I. 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 21.5-563-7000. 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 (1.0) 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 s LEGAL DESCRIPTION ALL THAT CERTAIN apartment dwelling unit situated in English Court Condominium, Upper Allen Township, Cumberland County, Pennsylvania, being designated as Unit No. 6-A in the Declaration and Declaration Plans of said condominium, recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, in Misc. Book 285, Page 578, and Plan Book 43, Page 42, respectively under the provisions of the Uniform Condominium Act of July 6, 1980. TOGETHER with all right of title and interest, being an 11.32% interest of, in and to the Common Elements as more fully set forth in the Declaration of Condominium and Declaration Plans. UNDER AND SUBJECT to all agreements, conditions, easements and restrictions of record and to the provisions, casements, covenants and restrictions as contained in the Declaration and the Declaration Plans. The Grantee, for and on behalf of the Grantee, and the Grantee's heirs, personal representatives, successors and assigns,by the acceptance of this Deed, covenants and agrees to pay such charges for the maintenance of, repairs to, replacement of and expenses in connection with the Common Elements as may be assessed from time to time by the Executive Board in accordance with the Uniform Condominium Act of Pennsylvania, and further covenants and agrees that the Unit conveyed by this Deed shall be subject to a charge for all amounts so assessed and that, except insofar as Section 331.5 of said Uniform Condominium Act, may relieve a subsequent Unit owner of liability for prior unpaid assessments, this covenant shall run with and bind the land or Unit hereby conveyed and all subsequent owners thereof. The Grantee, for and on behalf of the Grantee, and the Grantee's heirs and assigns, by the acceptance of the Deed and execution below, acknowledges that this conveyance is subject in every respect to the Declaration, the Declaration Plans and all amendments thereto; and the Grantee further acknowledges that each and every provision of the foregoing is essential to the best interest and for the benefit of all Unit owners therein. Grantee and all owners of Units in said condominium covenant and agree, as a covenant running with the land, to abide by each and every provision of said documents. TITLE TO SAID PREMISES IS VESTED IN Leome Raum, a single person, by Deed from Michael Lee Prinz, Executor of the Estate of Ethel M. Prinz, formerly of Swatara Township, dated 06/1.9/2008, recorded 06/20/2008 in Instrument Number 200820811 PREMISES BEING: 1801 ENGLISH DRIVE,MECHANICSBURG,PA 17055-5648 PARCEL NO. 42-27-1890-039.-U-6-A-1 SHORT DESCRIPTION By virtue of a Writ of Execution No. 12-4917 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION V. LEONIE RAUM owner(s) of property situate in the TOWNSHIP OF UPPER ALLEN, CUMBERLAND County,Pennsylvania, being 1801 ENGLISH DRIVE,MECHANICSBURG, PA 17055-5648 Parcel No. 42-27-1890-039.-U-6-A-1 (Acreage or street address) Improvements thereon: CONDOMINIUM UNIT Judgment Amount: $92,816.15 Attorneys for Plaintiff Phelan Hallinan, LLP WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 1.2-4917 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, Plaintiff(s) From LEONIE RAUM (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 GARNISHEES)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the gamishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) 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: $92,816.15 L.L.: .50 Interest FROM 4/2/2013 TO DATE OF SALE($15.26 PER DIEM)-$2,380.56 Atty's Comm: Due Prothy: $2.25 Atty Paid: $186.75 Other Costs: I'laintiff Paid: Date`«.411.6/13 1 _ - David D. Buell,Prothonotary (Sea]" Deputy REQUESTING PARTY: Name: MELISSA J. CANTWELL,ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BOULEVARD,SUITE 1.400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.308912 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK,NATIONAL ASSOCIATION PHS#281651 DEFENDANT SERVICE TEAM/lxh LEONIE RAUM COURT NO.:12-4917 SERVE LEONIE RAUM AT: TYPE OF ACTION 1801 ENGLISH DRIVE XX Notice of Sheriff's Sale MECHANICSBURG,PA 17055-5648 SALE DATE: September 4,2013 SERVED -Ac7-) nt on the day of 2013,at served and made known to LEONIE Defendant So o'clock V.M,,at G-*MM 0WI/0 in the manner described below: �7 Defendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age. 3P Height Weight )*36 Race��w sex Other I, a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S.Sec.4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME. TITLE: NOT SERVED On the dav of 2Q ,at o'clock_.M.,1, a competent adult hereby state tha-M-eTendant NOT FOUND ecause: —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 JPMORGAN CHASE BANK, IN THE COURT OF COMMON PLEAS OF NATIONAL ASSOCIATION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION—LAW VS. NO. 12-4917 CIVIL LEONIE RAUM, Defendant ORDER AND NOW,this / day of July, 2013,the Court noting that the participation of John G. Milakovic, Esquire, as counsel for the defendant in this case was for the sole purpose of attempting to resolve the matter through the Cumberland County Mortgage Foreclosure Diversion Program, which attempt was unsuccessful, it is further noted that Mr. Milakovic's participation did not include representation of the defendant in the underlying mortgage foreclosure action and, in any event, his appearance as counsel for the defendant in any capacity is deemed WITHDRAWN effective January 31, 2013. BY THE COURT, '�/� Kevi A. Hess, P.J. Zachary Jones, Esquire Phelan Hallinan, LLP ' 1617 JFK Boulevard, Suite 1400 - Z -- rn� c_ - One Penn Center Plaza Philadelphia, PA 19103 For the Plaintiff ci 224 � /� C cw. VJohn G. Milakovic, Esquire �� 212 North Third Street � P. O. Box 11998 Harrisburg, PA 17108-1998 For the Defendant TIDE r�iflTi�C1�i�J lt��`� Phelan Hallinan, LLP nn J& 64 r Zachary Jones, Esq., Id. No.310721 lj ,_'#Q12 tR PLAINTIFF 1617 JFK Boulevard, Suite 1400 l' PISYL4�Afid1A One Penn Center Plaza Philadelphia, PA 19103 Zachary.Jones@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION Plaintiff Civil Division V. CUMBERLAND County LEONIE RAUM No.: 12-4917 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 August 7, 2012. 2. Judgment was entered on April 1, 2013 in the amount of$92,816.15. 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 September 4, 2013. 281651. 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 $86,068.29 Interest Through September 30, 2013 $13,053.60 Legal fees $1,925.00 Cost of Suit and Title $1,171.41 Property Inspections $413.99 Property Preservation $626.60 Escrow to be paid $941.11 Escrow Deficit $2,480.25 Suspense/Misc. Credits ($25.50) TOTAL $106,654.75 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 July 15, 2013and 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. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order for Case Management dated September 21, 2012 . 281.651 WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the, judginent as requested. Phelan Hallinan LL DATE: Z 3-1.3 By: Y Z f0 T r Jo uire R PLAINTIFF 281651 Phelan Hallinan, LLP Zachary Jones, Esq., Id. No.310721 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Zachary.Jones@phelaiihallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION Plaintiff Civil Division V. CUMBERLAND County LEONIE RAUM No.: 12-4917 Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE LEONIE RAUM 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 1801 ENGLISH DRIVE, MECHANICSBURG, PA 17055-5648. 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 cured,Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court,and the Property is currently scheduled for Sheriffs Sale. 281651 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriff s 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. 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 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 Mort aag-e.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. CioRg24,407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117,282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and,in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co.,332 Pa. 545,2 A.2d 826(1939). Because ajudgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 281651 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 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. 111. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 281651 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, Plaintiff s interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire,Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly,the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 281651 V1. 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 g enter, 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 Realty, 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. 281651 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 PaR.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 Sheriffs sale. Accordingly,the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 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. 281651 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. 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. 281651 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 Hallin L DATE: By: Zac Jo squire 0mey P intiff 281651 Exhibit "A" 281.651 PHELAN HALLINAN,LLP Attorney for Plaintiff Jonathan Lobb,Esq., Id.No.312174 1617 JFK Boulevard, Suite 1400 AZ TUiii�;� ASK REP One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 JPMORGAN CHASE BANK, CUMBERLAND COUNTY NATIONAL ASSOCIATION COURT OF COMMON PLEAS VS. CIVIL. LEONIE RAUMy No. 12-491 „ - 4p— b PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO<® ANSWER AND ASSESSMENT OF DAMAGES m CM �cC) TO THE PROTHONOTARY: D—x+ cn y, Kindly enter judgment in favor of the Plaintiff and against LEONIE RAUM,Defendant 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 $92,816.15 TOTAL $92,816.15 I hereby certify that(1)the Defendant's last known address is 1801 ENGLISH DRIVE, MECHANICSBURG,PA 17055-5648, and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date 2 J an Lobb, Esq., Id.No.312174 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 4t, PROTHONOTARY 281651 Exhibit "B" 281651 PHELAN HALLINAN, LLP 1617 John F. Kennedy-Boulevard Suite 1400 Philadelphia, PA 19103 b (215) 563-7000 FAX##: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania r July 12th, 2013 John G. Milakovic,Esquire 2'12 N. Third Street,P.O. Box 11998 Harrisburg,PA 17108-1998 LEONIE RAUM 1801 ENGLISH DRIVE MECHANICSBURG,PA 17055-5648 RE: JPMORGAN CHASE BANK,NATIONAL ASSOCIATION v. LEONIE RAUM Premises Address: 1801 ENGLISH DRIVE MECHANICSBURG,PA 17055 CUMBERLAND County,CCP,No. 12-4917 3 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 7/18/2013 Should you.have:further questions or concerns,.please do not hesitate to contact me. Otherwise,please be guided accordingly. Very duly 5 - :lac stl,.Id.No.310721 iff onie o� arat Ei3rrl;4su '28'1651 __. ... ... ... . .. .........._......_. _. .. _....... .... . 4 i me and Phelan Hallinan,UP dress 1617 JFK Boulevard,Suite 1400 M Sender One Penn Center Plaza N Philadelphia.PA 19103 KVM td e Article Number Name ofAtdreiie7,Street,and Post Office Address Postage ***' LEONIE RAUM 1801 ENGLISH DRIVE $0.46 {I� MECHANICSBURG PA 17055-5648 t g ***" John G.Milakovic,Esquire 212 N.Third Street 50.46 P.O.Box 11998 , Harrisba PA 17108-1998 RE:LEONIE RAUM CUMBERLAND PH 11281651!1200 PaLre 1 of 1 50.92 1 Number of Total Number of . Pmtraasla,Ptr ame of n titled by Seodv Raoeived at P�Otrm Reeeivmg�P ) The ae I, on off mmc mowed oa dl ew wiie and nn Mau d rc eot a M.B.The mexu - go6able dac®eon mMa�Ms0 doaimmt rEOmmuctioo• . Piem mbjact to a Um t of$500.000 Per oocaneam.The mardmum if a ity payable m EzReaa� 't. - - Tba oimtimam mdemniy Payable to$25.000 for momred mail.um with oplimml iasmancc.See[ F . 89005912 ead S921 for Ewimtiom of ro rm 3877 Facsimile � • �\ �5V6 l;o 281651 Phelan Hallinan, LLP Zachary.Jones, Esq., Id. No.310721 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Zachary.Jones@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, NATIONAL Court of Common Pleas ASSOCIATION Plaintiff Civil Division V. CUMBERLAND County LEONIE RAUM No.: 12-4917 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. LEONIE RAUM 1801 ENGLISH DRIVE MECHANICSBURG,PA 17055-5648 Phelan Hallinan, DATE: �✓�✓ l 3 By: Z a J ,Esquire T FOR PLAINTIFF 281651 ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION Plaintiff Civil Division V. CUMBERLAND County LEONIE RAUM No.: 12-4917 Defendant RULE AND NOW,this 2 T day of 2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to 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 COURT 4 J. `i M c_ = r-- ' -CD • �f C) r`-s O co � 0 V 281651 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 f LEONIE RAUM 1801 ENGLISH DRIVE MECHANICSBURG,PA 17055-5648 ✓ Sohn m 281651 281651 PHELAN HALLINAN,LLP Attorney for Plaintiff c-- w _j Adam H.Davis,Esq.,Id.No.203034 M CO r-n Fn C-- 1617 JFK Boulevard,Suite 1400 M G-) --0 One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com C:) 215-563-7000 CD CD r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL CUMBERLAND COUNTY ASSOCIATION Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION LEONTE RAUM No.: 12-4917 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". OL--� ZK� Adam H.Davis,Esq.,Id.No.203U34 Attorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#775483 Nutne sled Pitelan Halliwin.LLP n 0 Address 1617 JFK Boulevard,Solic 1400 g, Of Sender One Penn Center Ptwa Pithd4phill,PA 19103 AZI(MCS-0910412013 SALE I Line Article Number Name of Addressee Street,and Post Officc Addrm 'Postage, TFNXNTIQCCUPI%NT r ,0AS atax Corunw.wollb of Perursowds Bureau of ladIA&W Tw�lnherfurrtte Tax 01,16ion $OAS 6th Floor,iiravhe�Sq. ?1!S I=rA 17SU 1.0 alas Vwr—t—ff"I,1v#v*ve,*rpl,4.—.1ry U.1j, PD.BOX M6 %it low Oak guldlag 16rr1SbCMPA17105 4 FXGIASH COURT OFMATIMMT.WC $OAS 2 110 F1.10 am RoA n I Cnv•My CfNTFR .......... **;V*— UpperAlftnTo.rnhip 1+ ttoGm�rnrarnx Mechonlrahx PA£1053 6 $0.45 MPCHAMMURG,PA 17055 7 ♦w** Upper AllmTomrnOlp M MUMAN$A01-11 N1Ut,%lJ4t kTALA3`TN4.N1'M`lJ".•LINOUR.4SQUIRV $OA5 2r*NOFrrH3KDMI?T.T P.O.ROX M fi HARRIMMa PA 17103 DomtAlt Rfluliww of camuriam cwnly CArlide,PA 11011 ComatormnIthoff'erneyinnis $0.45 10 $0.45 t(OO LArny Annat Roam 7M 1 PktsLo PA 15222 $0.45 US.Altoerler f At Middle District of PA v"If"I RMWng 228 Wi0tut Street.Suke 220 PO Box 1.17$4 flurlsbag.11A }7v laat CEO=RAUbj 00 lot.,GA1ll.1o,i,,rqtile SO-05 21IN'W"iSheri P0. irx 11"8 tllrrisb 71081998 RE:CEONIE'RAUNf(CUKHERLAND) HIS#28165111021 Ps e i ar2 Writ full 4ect"ion#tvjtw it frituire4 M di donw"k am intenw*wul Mienificil MI:VK='i istknnily""bit Pka3ullodbystoof itttvired at V*M 0frice Rwiti's f4,vym; f 604 drooermlole<�aj"gk-CM."t Null&V'"*At M'w'lrw;0.hom%v�5$50.w of R90C 11911 xrrt Mf for Form 3877 Facsimile Name and Phelan 1lallinan,LLP CSC u Address 160 A-K Boulevard,Suite 1400 iC1 Of Sender Ore Penn tenter I'tam Pbladef NA PA 19103 AZMCS-09/04/2013 SALE "Line Article Nomtcr Name of Addressee Street and Post Office Address Poste �* 1 •+tt ENGLISH COURT CONDO ASSOCIATION � $OAS - 1801.181SENGLISH DR.IV.F r P.O.Box 891 °f I" MECHANICSBURG,PA 11055 q tsar r� rrar 6 rrat y ♦.sa � q air» ity raft 31 sass 12 rraa RE.11(?NIE RA1fAi CUMBERLAND P11M816,5111023 Pa e242--Writ.Team $5.85 Tool f{onfSrr of WbblNomk&dftro ` P)q.-Ur.Ft?(NIrn of I*fog detneterm of rout h"brio ,Iv dutrts t vj b"'f ar+ial xViswd MAL Trt MaxiMIM 4 W Ar PMW Pisa uuw by StW. Resi+edmPo*otrw 1tmew"t C.Morml due de r"mmvIAr*rf monegwitbledm mnuomtu Frpmx Meirdtta rt bmmum4a irwomtt h .P)(rper (Here sWjr.l txat;mest mE SXJ(4tkA psre urrrmct.'Ik rrax+avorolndeerauppap9kan Hrpnxr btai rrcrcrumdi+ros tl+r meximrm ird<..a'ry pnrtbk ASSS.d9lifr nprmmtmN.uu+rkhori.wnrtm.ra*.�r.See Dca+exk.MS';<ln,co � r f190a 3113>trA Sy?l ♦r 1'rnitr�sn ofeuxxra Form 3877 forsimile j f Y F fl Et ,-Or i=1C-r Phelan Hallinan,LLP a t flH E H b i-H O N O TA R I Allison F. Zuckerman, Esq., Id.No30951.0 ATTORNEY FOR PLAINTIFF 1.617 JFK Boulevard, Suite 1400 20 1 3 UG 12 AK 9' 3 0 One Penn Center Plaza OCIMOERLANO COUNTY Philadelphia, PA 19103 PENNSYLVANIA all ison.zuckerman@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK.,NATIONAL Court of Common Pleas ASSOCIATION = Plaintiff Civil Division vs. CUMBERLAND County LEONIE RAUM No.: 1.2-4917 Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 29, 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. LEONIE RAUM 1801 ENGLISH DRIVE MECHANICSBURG,PA 17055-5648 Phelan' , DATE: By: crman, Esq.,Id.Na.309519 Attorney for Plaintiff 775483 S Phelan Hallinan, LLP }? AUG 21 Ate 10: Jonathan Lobb, Esq.,Id. No.312174 TORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CU11DEFLAND COUNT" One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION Plaintiff Civil Division VS. CUMBERLAND County LEONIE RAUM No.: 12-4917 Defendant MOTION TO MAKE RULE ABSOLUTE JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, by and through its attorney,hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on July 24, 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 July 12, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiff s letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable Kevin A. Hess on or about July 29,2013 directing the Defendant to show cause by August 19, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on August 9, 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. 775483 r" 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of August 19, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan, LLP DATE: S 12" By: athan Lobb, Esq.,Id. No.312174 Attorney for Plaintiff 775483 Exhibit "A" 775483 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia,PA 19103 (215) 563-7000 FAX4: (215) 563-3459 Phelan Hallinan,LLP Representing Lenders in Pennsylvania July 12",200 John G.Milakovic,Esquire 212 N.Third Street,P.O. Box 11.998 Harrisburg,PA 17108-1998 LEONIE RAUM - 1801 ENGLISH DRIVE MECHANICSBURG,PA 17055-5648 RE: JPMORGAN CHASE BANK,NATIONAL ASSOCIATION v. LEONIE RAUM Premises Address: 1801 ENGLISH DRIVE MECHANICSBURG,PA 17055 CUMBERLAND County CCP,No. 12-4917 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 7/18/2013 Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very Itirph Zap J es, sq.,Id.No.310721 ah.1tiff '01-n'e ::or Enclosu" 281651 r me and Pbelan Hallinan,LLP I dress 1617 JFK Boulevard,Suite 1400 Sender One Peon Center Plaza Philade a,PA 19103 KVM r e Article Number Name of Addressee,Weet,and Post Office Address Postape *•:• LEONIE RAUM 50.46 44 1801 ENGLISH DRIVE ° MECHANICSBURG PA 17055-5648 '*•• John.G.Milskovic,Esquire 50.46 w 3= 212 N.Third Street P.O.BOX 11998 HarrbbuM PA 17108.1998 RE:LEONIE RAUM(CUMBERLAND) PH q 28165111200 Pa e 1 of I $0.92 umber ot ToW NUmber Peed P05wWo.Per(Name of The iba 6x4of;ioo ofvahm is mgWred on as domestic and iatemod W msidemd mesa.The maf ea Lisped by sadw RmeNW d Pw 06ime Raoe3vhe8 PmPk ) forenrtrowkaedoe o!'0000c:atiabte dacumeats ordm Eapms AfnT dowment re000sptwtioe' . *=aabieee m•Uwt a f3Ooxo;w oaaoteam.The mn imom indemeity payable on P. as M Th ` e maximum wemaity Gaya*4$U OW(orresi:ttred mall,seat wa voiow im m".See£ t rm 3877 Facsimile p ry 28165t Exhibit "B" 775483 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION Plaintiff Civil Division v. CUMBERLAND County LEONIE RAUM No.: 12-4917 Defendant RULE AND NOW,this, 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`1"I1° COURT 281651 Exhibit "C" Phelan Hallinan, .LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza - Philadelphi-a-,PA 1-91-03 allison.zuckerman@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL Court of Common.Pleas ASSOCIATION Plaintiff Civil Division vs. CUMBERLAND County LEONIE RAUM No.: 12-4917 Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 29, 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. LEONIE RAUM 1801 ENGLISH DRIVE MECHANICSBURG,PA 17055-5648 =F"f-tickernian.DATE: By: Esq.,Id.No.309519 Attorney for Plaintiff 775483 Phelan Hallinan, LLP Jonathan Lobb,.Esq.,Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION Plaintiff Civil Division vs. CUMBERLAND County LEONIE RAUM No.: 12-4917 Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. LEONIE RAUM 1801 ENGLISH DRIVE MECHANICSBURG,PA 17055-5648 Phelan Hallinan, LLP DATE: By: j-than Lobb, Esq.,Id.No.312174 Attorney for Plaintiff 775483 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION n !, Plaintiff Civil Division c. -v 3 a..) VS. CUMBERLAND CoIEtE G-1 co o° LEONIE RAUM No.: 12-4917 zC5 � --� Defendant 5;z --= C:)C-,) ORDER v AND NOW,this ZS' day of AT* 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 $86,068.29 Interest Through September 30,2013 $13,053.60 Legal fees $1,925.00 Cost of Suit and Title $1,171.41 Property Inspections $413.99 Property Preservation $626.60 Escrow to be paid $941.11 Escrow Deficit $2,480.25 Suspense/Misc. Credits ($25.50) TOTAL $106,654.75 Plus interest at six percent per annum. Note. The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY T COURT: Ca 1'9.s �LL '4 J • LeJU, J. 775483 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson i _0FFICE Sheriff l' H Pfd ���0110� 1AR t � '�t�a! �t 4�uata�r;�f��a4 ' 1 °t � ,. < Jody S Smith Chief Deputy 'c its 113 its± ' C Z 4 Richard W Stewart ., ; � t �, t. Solicitor OFFICE OF THE SKERIFF ('UMBER L A ND C O UN 13' PENNSYLVANIA JP Morgan Chase Bank, NA vs. Case Number Leonie Raum 2012-4917 SHERIFF'S RETURN OF SERVICE 06/24/2013 04:56 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 1801 English Drive, Upper Allen Township, Mechanicsburg, PA 17055, Cumberland County. 06/24/2013 04:56 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested.Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Leonie Raum at 1801 English Drive, Upper Allen Township, Mechanicsburg, PA 17055, Cumberland County. 09/05/2013 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA on September 04, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Joseph Schalk , on behalf of JPMorgan Chase Bank, National Association, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $800.46 SO ANSWERS, November 20, 2013 RbNO R ANDERSON, SHERIFF (c)CountySuite Sheriff:Telecsoft.Inc. On April 23, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, Known and numbered as, 1801 English Drive, Mechanicsburg, Exhibit "A" filed with this writ and by this reference incorporated herein. Date: April 23, 2013 By: x Real Estate Coordinator a LXII 30 CUMBERLAND LAW JOURNAL 07/26/13 2012-4917 Civil Term JP MORGAN CHASE BANK,NA vs. LEONIE RAUM Atty.:Joseph Schalk By virtue of a Writ of Execution No. 12-4917, JPMORGAN CHASE BANK, NATIONAL ASSOCIATION v. LEONIE RAUM owner(s) of property situate in the TOWNSHIP OF UP- PER ALLEN,CUMBERLAND County, Pennsylvania,being 1801 ENGLISH DRIVE, MECHANICSBURG, PA 17055-5648. Parcel No. 42-27-1890-039.-U- 6-A-1. Improvements thereon: CONDO- MINIUM UNIT. Judgment Amount: $92,816.15. 85 a 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: July 26, August 2 and August 9, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time,place and character of publication are true. L,/,Lisa Marie Coy , Editor SWORN TO AND SUBSCRIBED before me this da y of August, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. • 1900 Patriot Drive Mechanicsburg, PA 17050 Inquiries - 717-255-8213 NOW you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s)shown below: 2012.4917 Chrll Term 07/28/13 Jp MORGAN CHASE BANK,NA r 08/04/13 vs. LEONIE RAUM 08/11/13 Atty: Joseph Schalk By virtue of a Writ of Execution No.12-4917 JP MORGAN CHASE BANK,NATIONAL . . . . . . . . . . . . . . . . . . . . . . ASSOCIATION V.LEONIERAUM Sworn to subscrib d b ore this 3 day of August, 2013 A.D. owners) of property situate in -the TOWNSHIP OF UPPER ALLEN, CUMBERLAND County, Pennsylvania, being 1,801 ENGLISH DRIVE, ublic MECHANI SBURG,PA 17055-5648 Parcel No.42-27-1890-039.-U-6-A-1 (Acreage or street address) Improvements thereon: CONDOMINIUM, UNIT COMMONWEALTH OF PENNSYLVANIA Judgment Amount:$92,816.15 Notarial Seal Holly Lynn Warfel,Notary Public Washington T1vp.,Dauphin County My Commission EkPlreS Dec.is 2016 MEMBER,PENNSYLVANIA AsSOQA*noN 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 JP Morgan Chase Bank,N.A. is the grantee the same having been sold to said grantee on the 4th day of September A.D., 2013, under and by virtue of a writ Execution issued on the 16th day of April,A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 4917, at the suit of JP Morgan Chase Bank,N.A. against Leonie Raum is duly recorded as Instrument Number 201337496. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this , ate day of A.D.02 p! c Recorder of Deeds Recorder of Deeds,Cumberland County,Carlisle,PA My Commission Expires the FaV Monday of Jan.2014