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HomeMy WebLinkAbout12-5085 _ _ _ r _ _ _ _ _ _ _ III r~ ~ F a~~ t~f~ t fro~HC~aorar~F 1~f1 dUG 16 df~4 f0~ 44 CUM~ERLpND COUNTY PENNSYLVANIA PHELAN HALLINAN & SCHD~IIEG, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevazd, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION COURT OF COMMON PLEAS 1111 POLARIS PARKWAY COLUMBUS, OH 43240 CTVII. DIVISION Plaintiff TERM S ~v; ~ No. ~a- sU~ WHITNEY E. WALTZ A/K/A WHITNEY ETHAN W~-'~ CUMBERLAND COUNTY KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX 1004 EAST COOVER STREET MECHANICSBURG, PA 17055-3419 Defendants CIVIL ACTION - I AW COMPLAINT IN MORTGAGE FORECLOSURE ~ 1 3. ~S~ a File 274220 ~ ~ ~ t ~j ~ a~a~b~ _ _ r _ _ T 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 HIItING 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 274220 - - _ I . I I 1. Plaintiff is 4 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: WHITNEY E. WALTZ A/K/A WHITNEY ETHAN WALTZ KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX 1004 EAST COOVER STREET MECHANICSBURG, PA 17055-3419 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/24/2006 WHITNEY E. WALTZ and KRISTIN R. FELIX made, executed and delivered a mortgage upon the premises .hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR COMMERCE BANK/HARRISBURG, N.A which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1948, Page 445. By Assignment of Mortgage recorded 03/21/2012 the mortgage was assigned to JPMORGAN CHASE BANK, NATIONAL ASSOCIATION which Assignment is recorded in Assignment of Mortgage Instrument No. 201208171.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. Fik 274220 _ _ ~ it 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2011 and each month thereafter aze 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 aze collectible forthwith. 6. The following amounts are due on the mortgage as of 04/30/2012: Principal Balance $116,324.80 Interest $9,633.15 02/01/2011 through 04/30/2012 Late Chazges $p,00 Property Inspections $84.00 AppraisaUBrokers Price Opinion $220.00 Escrow Deficit 2 282.15 Subtotal $128,544.10 Suspense Credit 28.55 TOTAL $128,515.55 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. ff 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 dischazged 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 Defenidant(s) on the date(s) set forth thereon. Z~aa2o - _ _ _ _ _ _ _ _ T _ _ III ~I I " I WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $128,515.55, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP B. Melissa J. Cantwell, Esquire Attorney for Plaintiff File 274220 I~~ I~ . LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Coover Street as shown on the hereinafter mentioned Plan of Lots, at the northeastern corner of Lot No. 72 on said plan; thence by the southern line of Coover Street, North 66 degrees 43 minutes East, 80 feet to a point; thence by the dividing line between Lots Nos. 70 and 71 on said Plan, South 22 degrees 47 minutes East, 141.4 feet to a point; thence by the dividing line between Lots Nos. 71 and 75 on said Plan, South 66 degrees 43 minutes West, 80 feet to a point; thence by the dividing line between Lots Nos. 71 and 73 and by the dividing line between Lots 71 and 72, North 22 degrees 47 minutes West, 141.4 feet to a point, the place of BEGINNING. BEING Lot No. 71 on Plan of Lots known as 'Orchazd-Crest', Remainder of Section 'B', which plan is of record in the Cumberland County Recorder's Office in Plan Book 11, Page 32. HAVING THEREON ERECTED a dwelling known and numbered as 1004 E. Coover Street, Mechanicsburg, Pennsylvania. UNDER AND SUBJECT to all easements, restrictions, reservations, conditions and rights-of- way of record. File 274220 . ~I i BEING THE SAME PREMISES which Central Penn Property Services, Inc., by their deed to be recorded simultaneously herewith in the Office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Whitney E. Waltz and Kristin R. Felix. PROPERTY ADDRESS:1004 EAST COOVER STREET, MECHAIVICSBURG, PA 17055-3419 PARCEL # 17-23-0561-066 File 274220 _ _ _ . r_ _ ~ i VERIFICATION ti ~~.1 ~d y r i hereby states that he/she is Vfce President of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Plaintiff in this matter, and is authorized to mak 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. 49!04 relating to unsworn falsification to authorities. Name: p~ryl Harris DATE: Go CD III, Title: Pres~eM JPMORGAN CHASE BANK, NATIONAL ASSOCIATION File#: 274220 Name: WALTZ Fik 274220 FORM 1 IN THE COURT OF COMMON PLEAS ~ JPMORGAN CHASE BANK, NATIONAL OF CUMBERLAND COUNTY, PENNSYI ~fANl~ ASSOCIATION Plaintiffs ~ ~;.~r,yY x"~ ^C3 V S. ~ t'~ i~ 7 ~ 2 C7'~ ~ ~ --i WHITNEY E. WALTZ A/K/A WHITNEY ETHAN s„ ~ WALTZ ~ ate: KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX ~ C ~ Defendant(s) ~ cJ~ti ~ Civil r ~ ~ .s. 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 abl to participate in acourt-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation confere e. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9 00 extension 2510 or (800) 822-5288 extension 2510 and request appoinUnent of a legal representative at no charge toy u. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepazed on your behalf. If you and your le 1 representative complete a financial worksheet in the format attached hereto, the legal representative wild prepare and Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible fo a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resoluti n proposal can be prepazed on your behalf. If you and your lawyer complete a financial worksheet in the format attach hereto, your lawyer will prepaze and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reason le azguments with your lender before the mortgage foreclosure suit proceeds forwadd. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE TI$E STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: aus ~ 5 to~Z Date Melissa J. Cantwell, Esquire Attorney for Plaintiff ~ FORM 2 III, Cumberland County Residential Mortgage Foreclosure Diversion Program ' Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHII' ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to Bete 'ne possible options while working with your counseling agency. Please provide the following information t the best of your knowledge: Borrower names}: Property Address: City: State: Zip: Is the property for sale? Yes ? No ? Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ? No ? Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: 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: r I Is the loan in Bankruptcy? Yes ? No - ff 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 Montlilv Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Earnenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort a e Food 2°~ Mort a e Utilities Car Pa ment(s) Condo/Nei h. Fees Auto Insurance Med. not covered Auto fueUre airs Other ro a ent Install. Loan Pa ment Cable TV Child Su rt/Alim. S ndin Mone Da /Child Care/Tuit. Other Ex nses 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 infonmation: Counseling Agency: Counselor: Phone (Office): Fax: i I Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No ? If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to xesolve your delinquency? Yes ? No ? If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: UWe, ,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating y financial situation for possible mortgage options. UWe understand that Uwe am/are under no obligation t use the counseling services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff oftialtkt r 4tygtl' J n Jody S smith i' C' 16 Chief Deputy Richard W Stewart t 9bE LA ?IU ' t Solicitor r>>?Sl_?1:'`; JP Morgan Chase Bank, NA Case Number vs. 2012-5085 Whitney Ethan Waltz (et al.) SHERIFF'S RETURN OF SERVICE 08/20/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Kristin Rae Felix, 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 Kristin Rae Felix. Deputies attempted service at 1004 E. Coover Street, Mechanicsburg, Pennsylvania 17055, and were advised by Whitney Ethan Waltz that Kristen Rae Felix has not resided at this address in over two years and he does not know her current whereabouts. 08/20/2012 06:50 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on August 20, 2012 at 1850 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Whitney Ethan Waltz, by making known unto himself personally, at 1004 E. Coover Street, 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. RYAN BURGETT, DEPUT 08/21/2012 09:04 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on August 21, 2012 at 2104 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Kristin Rae Felix, by making known unto herself personally, at 4245 Roth Farm Village Circle, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. 1 RYAN BURGETT, 08/27/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Whitney Ethan Waltz, but was unable to locate him 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 Whitney Ethan Waltz. Deputies were advised on August 20th, 2012 Whitney Ethan Waltz does not reside at 4245 Roth Family Village Center, Mechancisburg, Pennsylvania 17050. Whitney Ethan Waltz's current residence is 1004 E. Coover Street, Mechanicsburg, Pennsylvania 17055. SHERIFF COST: $106.00 August 28, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, Inc. I Pf{t~L:1N kfA(,l_INAN & SCHMIEG, LLP John 1v1ichael Kolesnik, Faq., Id. No.308877 ~ttornev for Pfaintifif 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 1910; 215-~63-70011 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Plaintiff vs. L 1 r 3 4.: ~~,~ ~ ~~, i !s ~ fir( ~',F R~j ~ r . COURT OF COMMON PLI~AS CIVIL DIVISION Ci1MBERLAND COUN7,Y WHI"1'NFY F.. WALT? A/K/A WHITNEY No. 12-085-CIVIL, I_~1'1-IAN WAL"1~7 KKIS~fIN K. FEL1~ A/K/A KRISTIN RAF FI.LI:~ Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE "I'O TIIF, NROTHONO'I'ARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN AL~LIN~AN & SCHMIF,G, LLP ~' / ' By: Date: October 1 , 201? /ej~. Svc Dept. I' ilea 27=1?2U ichael Kolesnik, E;sq., Id. No. ~088i%' v for Plaintiff ~~--~,.~ r-~ ~ Q ~--® ~lI,.~S `~"~ ~ ~a3 yak C~ agalta. ~'--~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith _ ~~~~ i ~~+' ,,,'~ ~' pt .~~~ ~ , ~ ~,. Chief Deputy Richard W Stewart ~'~' ~ ~'0~' -~ ~~ (fl: ~~ Solicitor 3 ~'cP=!;~~`YLY~t~ifa JP Morgan Chase Bank, NA vs. Whitney Ethan Waltz (et al.) Case Number ________ 2012-5085 SHERIFF'S RETURN 4F SERVICE 1 0/1 91201 2 Ronny R. Anderson, Sheriff, who being duly sworn accarding to law, states that he made a diligent search and inquiry for the within named defendant to wit: Whitney Ethan Waltz, but was unable to locate him 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 Whitney Ethan Waltz. Deputies were advised on August 20th, 2012 Whitney Ethan Waltz does not reside at 4245 Roth Family Village Center, Mechancisbur-g, Pennsylvania 17050. Whitney Ethan Waltz's current residence is 1004 E Coover Street, Mechanicsburg, Pennsylvania 17055. 10/19/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within Warned defendant to wit: Kristin Rae Felix, 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 Kristin Rae Felix. Deputies attempted service at 1004 E. Coover Street, Mechanicsburg, Pennsylvania 17055 on August 20th, 2012, and were advised by Whitney Ethan Waltz that Kristen Rae Felix has not resided at this address in over two years and he does not know her current whereabouts. 10/22/2012 05:56 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 22, 2012 at 1756 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Whitney E Waltz, by making known unto himself personally, at 1004 E. Coover Street, 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. ~...-,- ,~ % r.~- ~~., rr-j CLINE, 6EPUTY 10/26/2012 07:14 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 26, 2012 at 1914 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Kristin Rae Felix, by making known unto herself personally, at 4062 Caissons Court, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. Request for service at 4245 Roth Farm Village Circle, Mechanicsburg, Pennsylvania 1705() is Kristin R. Felix's mothers residence. SHERIFF COST: S'' 11.00 November O2. 2012 - ~ - ~' / ~_ .. NOAH CLINE, DEPUTY SO ANSWERS, ~a~~~ .~ ';~`~ r~ i RONNY R ANDERSON.. SHERIFF .r Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Peen Center Plaza. Philadelphia,PA 19103 215-563-7000 JPMORGAN CHASE BANK, Court of Common Pleas NATIONAL ASSOCIATION rnM : rt Plaintiff Civil Division , vs CUMBERLAND County x ct WHITNEY E.WALTZ No. 12-5885-CIVIL A/K/A WHITNEY ETHAN WALTZ ' KRISTIN R.FELLX ` A/K/A KRISTIN RAE FELIX Defendant PRAECIPE TO THE PROTHONOTARY: ❑Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ❑Please mark the above referenced case Settled, Discontinued and Ended. ❑ Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ❑Please mark the in rem judgment Satisfied and the action Discontinued and Ended. i ®Please Vacate the Judgment entered. Date: 7Y:z7z AN,LLP AM=F.XuckoKnan,Esq.,Id.No.3095 19 Attorney for Plaintiff PHS#274220 Ct cl/ l �7 ) 0 LL C? Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL Court of Common Pleas ASSOCIATION Plaintiff Civil Division V. CUMBERLAND County WHITNEY E.WALTZ No. 12-5085-CIVIL A/K/A WHITNEY ETHAN WALTZ KRISTIN R.FELIX A/K/A KRISTIN RAE FELIX Defendant PHS#274220 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s)on the date listed below: WHITNEY E. WALTZ A/K/A WHITNEY ETHAN WALTZ 1004 EAST COOVER STREET MECHANICSBURG,PA 17055-3419 KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX 4062 CAISSONS COURT ENOLA,PA 17025 Date: qIN119 PHELAN HAL AN,LLP By: Alfiedfi Esq.,Id.No.309519 Attorney for Plaintiff w MW �r.j -rt PHELAN HALLINAN, LLP , r Joseph P. Schalk, Esq., Id. No. 91656 . .r 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Court of Common Pleas 1111 POLARIS PARKWAY COLUMBUS, OH 43240 Civil Division Plaintiff Term V. No. 2012-5085-CIVIL WHITNEY E. WALTZ A/K/A WHITNEY ETHAN WALTZ Cumberland County KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX 1004 EAST COOVER STREET MECHANICSBURG,PA 17055-3419 Defendants MOTION TO LIFT CONCILIATION STAY Plaintiff, JPMorgan Chase Bank, National Association, Successor (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On August 16 2012, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants for their failure to make monthly payments of principal and interest upon their mortgage due March 1, 2011, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit A. 2. On August 20, 2012, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure 274220 Diversion Program Notice for the Defendant Whitney E. Waltz. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof and marked as Exhibit B. 3. On August 21, 2012, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice for the Defendant Kristin R. Felix. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof and marked as Exhibit B. 4. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 5. Within 60 days after service of the complaint, the Defendant may opt into the prog rain by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 6. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 7. Defendants failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 8. Since Defendants opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. 274220 WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Respectfully submitted, PHELAN HALLINAN, LLP Date: v BY: -A aAt rneeyfor ph chalk, Esquire Plaintiff 274220 Exhibit A 274220 Q ©rg 'Vi 2. Zn �Q CO Q tY' z. —4 PHELAN HALLINAN&SCHMIEG,UY Melissa J.Cantwell,Esq.,Id.No.308912 1617 JFK Boulevard,Suite 1400 ATTORNEY FOR PLAIIqTff One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS 1111 POLARIS PARKWAY COLUMBUS, OH 43240 CIVIL DMSION Plaintiff TERM NO. WHITNEY E.WALTZ A/K/A WHITNEY ETHAN WALTZ CUMBERLAND COUNTY KRISTIN R.FELIX A/K/A KRISTIN RAE FELIX 1004 EAST COOVER STREET MECHANICSBURG,PA 17055-3419 Defendants . CIVEL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE We hereby certify the Q within t")"true and correct cop;,Ot the PWN Return original filed of retard �,� t zaa2ao �.. NOTICE t 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 : 274220 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 Defendants) are: WHITNEY E. WALTZ A/.K/A WHITNEY ETHAN WALTZ KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX 1004 EAST COOVER STREET MECHANICSBURG, PA 17055-3419 who is/are the mortgagor(s) and/or real owner(g) of the property hereinafter described. 3 04/24/2006 WHITNEY E. WALTZ and KRISTIN R.FELIX made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR COMMERCE BANK/HARRISBURG, N.A.which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1948, Page 445: By Assignment of Mortgage recorded 03/21/2012 the mortgage was assigned to JPMORGAN CHASE BANK, NATIONAL ASSOCIATION which Assignment is recorded in Assignment of Mortgage.Instrument No. 201208171.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. File#1: 274220 5. The mortgage is in default because.monthly payments of principal and interest upon said mortgage due 03/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 04/30/2012: Principal Balance $11.6,324.80 Interest $9,633.15 02/01/2011 through 04/30/2012 Late Charges $0.00 Property Inspections $84.00 Appraisal/Brokers Price Opinion $220.00 Escrow Deficit $2,282.15 Subtotal $128,544.10 Suspense Credit 28.55 TOTAL $128,515.55 T. Plaintiff is not seeking a judgment of personal liability(or an in personam judgment) against the Defendant(s) in the Action; however,Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s)has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8: Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable,have been sent to the Defendant(s) on the date(s) set forth thereon. File W: 274220 WHEREFORE,Plaintiff demands an in rem judgment against the Defendant(s)in the sum of $128,515.55, together with interest,costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN& SCHMIEG,LLP B. Melissa J. Cantwell,,C4 ouire Attorney for Plaintiff Pile 4: 274220 LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in the Borough of Mechanicsburg,County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows,to wit: BEGINNING at a point on the southern line of Coover Street as shown on the hereinafter mentioned Plan of Lots, at the northeastern corner of Lot No. 72 on said plan; thence by the southern line of Coover Street,North 66 degrees 43 minutes.East, 80 feet to a point; thence by the dividing line between Lots Nos. 70 and 71 on said Plan, South 22 degrees 47 minutes East, 141.4 feet to a point;thence by the dividing line between Lots Nos. 71 and 75 on said Plan, South 66 degrees 43 minutes West, 80 feet to a point;thence by the dividing line between Lots Nos. 71 and 73 and by the dividing line between Lots 71 and 72,North 22 degrees 47 minutes West, 141.4 feet to a point,the place of BEGINNING. BEING Lot No. 71 on Plan of Lots known as 'Orchard-Crest', Remainder of Section B', which plan is of record in the Cumberland County Recorder's Office in Plan Book 11, Page 32. HAVING THEREON ERECTED a dwelling known and numbered as 1004 E. Coover Street, Mechanicsburg, Pennsylvania. UNDER AND SUBJECT to all easements, restrictions,reservations, conditions and rights-of- way of record. File#: 274220 BEING THE SAME PREMISES which Central Penn Property Services, Inc., by their deed to be recorded simultaneously herewith in the Office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Whitney E. Waltz and Kristin R. Felix. PROPERTY ADDRESS: 1004 EAST COOVER STREET,MECHANICSBURG, PA 17055.3419 PARCEL#17-23-0561.066 r Filek 274220 VERIFICATION fla�;..hereby states that he/she is Vice: ro,§iden : of JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information, and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: Name: Darryl Harris �/:.r�:�a I-.�'� Vice President Title: JPMORGANN CHASE BANK,NATIONAL ASSOCIATION File#: 274220 Name:WALTZ Hr fl: 274220 FORM I IN THE COURT OF COMMON PLEAS JPMORGAN CHASE BANK,NATIONAL OF CUMBERLAND COUNTY,PENNSYLVANIA ASSOCIATION Plaintiff(s) vs. WHITNEY E.WALTZ A/KIA WHITNEY ETHAN WALTZ KRISTIN R.FELIX A/K/A KRISTIN RAF,FELIX Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do mot have a la-vvyer,you niust,take tile following Steps to be eligible for a conciliation conference, First,within twenty>(20).days.-of your.receipt of this notice,you:must contact-MidPemiLegal.,Services Ott(71-7)243-9400 exittision 2510 or(800)822-5288 extension 25 1 0,a'nd request appointment of a legal representative:at nocarge to you )jice you bgve been ippointrd a legal representative,You roust.Pro"TIP11Y meet with 11fat legal,representative within twoity,'(20)days of the appointment date.During that meeting,you most provide.the le Ilreprosentative with all 1 requested financial-inner nation so that a.loart resolution ln*600sal,cnn be pre-pared on your,behalf. 'If you and your legal regresentAtivd-coinplewa-.fjllaocfal wor ksbeatin the formatatlacbed hereto,the legal representative will prepare and a Request-for ConAiii ition C6derence with the Court;which must:be r1ledwith the Courl within sixty(69)days of the set vice upon y ou'of the-f6reclosure complaint. If you do so oda conciliation conference is scheduled,you will have''an opportunity to meet.with a representative of your Imiderin tin attempt.10 work out reasonable arrangements with yoor lender before proceqdsforward. If you:ire kepre.selited by:n lawyer,you.,and your J'awyer mfist take the following steps to be eligible for a conciliation collierienct,It is 00triedessaryfor You to-contact M idPenn1ogal Service for t1heappointinent of A legal representadvc.However-,you rnuft provide' your lawyerwith all requested financial information soviat,a loan resolution proposal can bojirepardd on your behalf.11',you And your lawyer inplete a financial worksbect I in iliefo atatt-ached co r1ft hereto,your lawyer willprqiatc and filea Request forConcilialion Conference with tlftCourt,which musibefiled- within sixty(60)days.of did service upon you of the:foreclosure complaint.If you do so and a conciliation conference is ,schcdoled,you will havean.opportunity to meet,with a representative of your lender in an attempt to work out reasonable arguments with your lender IJdrbrz,the mortgage fordOosorc suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: AUG 15 2012 Date Melissa J.Cantwell,Esquire Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common fleas Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance,your lender must consider your circumstances to determine possible options while working with your counseling agency, Please provide the following information to the best of your knowledge: CUSTONIER/1"RINIARY APPLICANT Borrower name(s): Property Address: City: State: Zip:_ Is the property for sale? Yes ( No❑ Listing date: Price: $, , Realtor Name: Itealtor.Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address(if different): City: State: Zip: Phone Numbers: Home: _ Office: Cell: Other: Email: #of people in household: How long? Mailing Address: _ City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How Iong? i FINANCIAL INFORMATION First Mortgage Lender: _... Type of Loan:._ Loan Number: Date You Closed Your Loan: Second Mortgage Lender,_-� Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes&Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No If yes,provide names, location of court, case number&attorney: Assets Amount Owed_: Value: Home: Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ Checking: $ $ Savings: $ $ Other: ; $ Automobile fl:Model: Year: Amount owed: Value: Automobile#2: Model: Year:__ Amount owed: Value: _ _Other transportatiori(aut6m6biles, boats motors cics . Model: Year: Amount owed:. Value Monthly Income Name of Employers; I•_ Monthly Gross _Mont aly_Net 2• Monthly Gross Monthly Net _ 3. Monthly Gross Monthly Net Additional Income Description (not wages): I. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort a e Food 2 ..Mort a' e Utilities Car Payrnent(s Condo/Nci h..Fees Auto Insurance Med. (not.covered) Auto fuel/repairs _ Other prop. a imei5t Install.Loan'Pa. nient Cable TV Child Support/Alim. Spending Mone yt Day/Chi:ld.Care/Tuit- Other Ex eases Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No❑ If yes,please provide the following information: Counseling Agency ___ Counselor: Phone(Office): Fax: _ Email: Have you made application for Homeowners Emergency Mortgage Assistance Program(HEMAP) assistance? Yes❑ No❑ If yes,please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No❑ If yes,please indicate the status of those negotiations: Please provide the following information,if known,regarding your lender and lender's loan servicing company: Lender's Contact(Name):: Phone: Servicing Company(Name): Contact:: Phone: AUTHORIZATION I/Wel- ,authorize the above named to use/refer this information to my.lender/servicer for the sole purpose of evaluating my Financial situ at.)on for possible mortgage options. We understand that Uwe am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation(hardship letter) 6. Listing agreement(if property is currently on the market) Exhibit IB 274220 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff �oA�tty Ot GR1try�h��ry� . Jody S Smith Chief Deputy Richard W Stewart Sollcifor o of TXE sKMFF JP Morgan Chase Bank,NA Case Number Vs' 2012-5085 Whitney Ethan Waltz(et al.) SHERIFF'S RETURN OF SERVICE 08/20/2012 Ronny R.Anderson,Sheriff,who being duty mom according to law,states that he made a diligent search and Inquiry for the within named defendant to wit: Kristin Rae Felix,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 Kristin Rae Felix. Deputies attempted service at 1004 E. Coover Street, Mechanicsburg,Pennsylvania 17055,and were advised by Whitney Ethan Waltz that Kristen Rae Felix has not resided at this address In over two years and he does not know her current whereabouts. 08/20/2012 06:50 PM-Ryan Burgett,Deputy Sheriff,who being duly sworn according to law,states that on August 20,•2012 at 1850 hours,he served a true copy of the within Complaint and Notice, upon the within named defendant,to wit:Whitney Ethan Waltz,by making known unto himself personally,at 1004 E.Coover Street,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. RYAN BURGETT, DEPUT<-,_ 08/21/2012 09:04 PM-Ryan Burgett, Deputy Sheriff,who being duty sworn according to law,states that on August 21,2012 at 2104 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program,upon the within named defendant,to wit: Kristin Rae Felix,by making known unto herself personally,at 4245 Roth Farm Village Circle, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her.personally the said true and correct copy of the same. �- . RYAN BURGETT,DEPULTY 08/17/2012 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: Whitney Ethan Waltz,but was unable to locate him 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 Whitney Ethan Waltz. Deputies were advised on August 20th,2012 Whitney Ethan Waltz does not reside at 4245 Roth Family Village Center, Mechancisburg,Pennsylvania 17050. Whitney Ethan Waltz's current residence is 1004 E.Coover Street,Mechanicsburg, Pennsylvania 17055. SHERIFF COST:$106.00 SO ANSWERS, August 28,2012 kONW R ANDERSON, SHERIFF (c)Ca rdySUb MMff,TWwwk trot PHELAN HALLINAN,LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg,PA 17 101 215-563-7000 Attorney for Plaintiff JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION 1111 POLARIS PARKWAY Civil Division COLUMBUS, OH 43240 Tenn Plaintiff No.2012-5085-CIVIL V. Cumberland County WHITNEY E. WALTZ A/K/A WHITNEY ETHAN WALTZ KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX 1004 EAST COOVER STREET MECHANICSBURG,PA 17055-3419 Defendants CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiffs Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: WHITNEY E. WALTZ KRISTIN R. FELIX 1004 EAST COOVER STREET 4245 ROTH FARM VILLAGE CIRCLE MECHANICSBURG, PA 17055-3419 MECHANICSBURG, PA 17050 Date: (P/10)1-3 By: A flA se h Ochalk, Esquire Att ney for Plaintiff 274220 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Court of Common Pleas COLUMBUS, OH 43240 Civil Division Plaintiff Term V. No. 2012-5085-CIVIL WHITNEY E. WALTZ A/K/A WHITNEY ETHAN Cumberland County WALTZ KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX 1004 EAST COOVER STREET MECHANICSBURG, PA 17055-3419 Defendants ORDER AND NOW, this day of -740*"- 2013, upon consideration of Plaintiffs Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. BY THE COURT: J. C.I 4�> i cc: Whitney E. Waltz and Kristin R. Felix I Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 WHITNEY E.WALTZ 1004 EAST COOVER STREET MECHANICSBURG, PA 17055-3419 KRISTIN R. FELIX 4245 ROTH FARM VILLAGE CIRCLE MECHANICSBURG, PA 17050 274220 E 1 u—O;= ICE 'i i'E_. s 0THONOTARY PHELAN HALLINAN, LLP AL.iG 21 [iI-j 1 1; 14 Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 l.G i' 1617 JFK Boulevard, Suite 1400 CU ,BERLANO COUNTY One Penn Center Plaza -EP� ISYL�At�1A Philadelphia, PA 19103 Adam.Davis@Phela'nHallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL CUMBERLAND COUNTY ASSOCIATION COURT OF COMMON PLEAS VS. CIVIL DIVISION WHITNEY E.WALTZ A/K/A WHITNEY ETHAN WALTZ No.12-5085-CIVIL KRISTIN R.FELIX A/K/A KRISTIN RAE FELIX 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 WHITNEY E. WALTZ A/K/A WHITNEY ETHAN WALTZ and KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX,Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $128,515.55 TOTAL $128,515.55 1 hereby certify that(1) the Defendants'last known addresses are 1.004 EAST COOVER STREET, MECHANICSBURG, PA 17055-3419, 4062 CAISSONS COURT, ENOLA, PA 1.7025, and 4245 ROTH FARM VILLAGE CIRCLE, MECHANICSBURG, PA 1.7050-3610, and(2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date Adam H. Davis, Esq., Id. No.203034 Atlobcz Plaintiff DAMAGES RE EREBY ASSESSED AS INDICATED. DATE: 3 1 PH#768052 PROTHONOTARY Owl 768052 Ct M/3?g P i�C�9U)_ PHELAN HALLINAN, LLP Attorney for Plaintiff Adam H. Davis,Esq.,Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL CUMBERLAND COUNTY ASSOCIATION COURT OF COMMON PLEAS VS. CIVIL DIVISION WHITNEY E.WALTZ No. 12-5085-CIVIL A/K/A WHITNEY ETHAN WALTZ KRISTIN R.FELIX AMA KRISTIN RAE FELIX AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts,to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant WHITNEY E. WALTZ A/K/A WHITNEY ETHAN WALTZ is over 18 years of age and resides at 1004 EAST COOVER STREET, MECHANICSBURG, PA 17055-3419. (c) that defendant KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX is over 18 years of age and has last known addresses at 4062 CAISSONS COURT,ENOLA, PA 17025, 1004 EAST COOVER STREET, MECHANICSBURG,PA 17055-3419, and 4245 ROTH FARM VILLAGE CIRCLE, MECHANICSBURG, PA 1.7050-3610. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 917—ell �Gyy, Phelan Hallinan,LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff. PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 768052 Results as of:Aug-20-2013 12:05:39 Department of Defense Manpower Data Center SCRA 10 X statm pwport Pmuant to Sensicemembers CiVil Relief Act Last Name: WALTZ First Name: WHITNEY Middle Name: E , Active Duty Status As Of: Aug-20-2013 On Active Duty On Active Duty Status Dale Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuate'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Dole Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or histher unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,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. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Department of Defense Manpower Data Center Results as of:Aug-20-2013 02:46:53 SCRA 3.0 Status Report Pursuant to Son4comemlbers Civil Rel of Acct Last Name: WALTZ First Name: WHITNEY Middle Name: ETHAN Active Duty Status As Of: Aug-20-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Servica Component NA NA No Nye This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or HislHer Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or hisfher unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,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. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 041125 Arlington,VA 22350 Department of Defense Manpower Data Center Results as of:Aug-20-2013 12:05:38 SCRA 3.0 i Status Repott Pursuatit to Servicemembem CiAl Relief Act Last Name: FELIX First Name: KRISTIN Middle Name: R Active Duty Status As Of: Aug-20-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA i This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,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 00 NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Department of Defense Manpower Data Center Results as of:Aug-20.2073 02:47:55 SCRA 3.0 s Status Report Pursuant to Senlicemembcrs Civil Relief Act f: Last Name: FELIX First Name: KRISTIN Middle Name: RAE Active Duty Status As Of: Aug-20-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date � r The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or hislher unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,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. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 z f JPMORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS ASSOCIATION CIVIL DIVISION Plaintiff V. NO. 12-5085-CIVIL WHITNEY E.WALTZ A/K/A WHITNEY ETHAN WALTZ CUMBERLAND COUNTY KRISTIN R.FELIX A/K/A KRISTIN RAE FELIX Defendant(s) TO: WHITNEY E.WALTZ A/K/A WHITNEY ETHAN WALTZ 1004 EAST COOVER STREET MECHANICSBURG,PA 17055-3419 DATE OF NOTICE: AUG 0 ? 2013 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)2249--3166 . '- Melissa J.Cantwell,Esq.,Id.No.308912 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#768052 t JPMORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS ASSOCIATION CIVIL DIVISION Plaintiff V. NO. 12-5085-CIVIL WHITNEY E.WALTZ A/K/A WHITNEY ETHAN WALTZ CUMBERLAND COUNTY KRISTIN R.FELIX A/K/A KRISTIN RAE FELIX Defendant(s) TO: WHITNEY E.WALTZ A/K/A WHITNEY ETHAN WALTZ 4245 ROTH FARM VILLAGE CIR MECHANICSBURG,PA 17050-3610 DATE OF NOTICE: A11C 0 7 2013 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF.YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 1.7013 (717)249-3166 By:_(2:�: - Melissa J.Cantwell,Esq.,Id.No.308912 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#768052 3 JPMORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS ASSOCIATION CIVIL DIVISION Plaintiff V. NO. 12-5085-CIVIL WHITNEY E.WALTZ A/K/A WHITNEY ETHAN WALTZ CUMBERLAND COUNTY KRISTIN R.FELIX A/K/A KRISTIN RAE FELIX Defendant(s) TO: KRISTIN R.FELIX A/K/A KRISTIN RAE FELIX 4062 CAISSONS COURT ENOLA,PA 17025 DATE OF NOTICE: ��; 0� 1013 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 1701.3 (717)249-3166 By: — 1Vlclissa J.Cantwell,Esq.,Id.No.308912 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#768052 JPMORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS ASSOCIATION CIVIL DIVISION Plaintiff V. NO. 12-5085-CIVIL WHITNEY E.WALTZ A/K/A WHITNEY ETHAN WALTZ CUMBERLAND COUNTY KRISTIN R.FELIX A/K/A KRISTIN RAE FELIX Defendant(s) TO: KRISTIN R.FELIX A/K/A KRISTIN RAE FELIX 1004 EAST COOVER STREET MECHANICSBURG,PA 17055-3419 kl�l�, C ? 2G13 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A.REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 .f . a3y: R%lclissa J.Cantwell,Esq.,Id.No.308912 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#768052 JPMORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS ASSOCIATION CIVIL DIVISION Plaintiff V. NO. 12-5085-CIVIL WHITNEY E.WALTZ A/K/A WHITNEY ETHAN WALTZ CUMBERLAND COUNTY KRISTIN R.FELIX A/K/A KRISTIN RAE FELIX Defendant(s) TO: KRISTIN R.FELIX A/K/A KRISTIN RAE FELIX 4245 ROTH FARM VILLAGE CIRCLE MECHANICSBURG,PA 17050-3610 0 ? 2013 DATE OF NOTICE: A?�i THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (71.7)240-61.95 CARLISLE,PA 17013 (717)249-3166 By: CA� "``----� Melissa J.Cantwell,Esq.,Id.No.308912 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 ` One Penn Center Plaza Philadelphia,PA 19103 PH#768052 (Rule of Civil Procedure No. 236) -Revised JPMORGAN CHASE BANK,NATIONAL CUMBERLAND COUNTY ASSOCIATION COURT OF COMMON PLEAS VS. WHITNEY E.WALTZ CIVIL DIVISION A/K/A WHITNEY ETHAN WALTZ KRISTIN R. FELIX No. 12-5085-CIVIL A/K/A KRISTIN RAE FELIX Notice is given that a Judgment in the above captioned matter has been entered against you on 07� By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 768052 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff V. CIVIL DIVISION WHITNEY E.WALTZ A/K/A WHITNEY ETHAN WALTZ NO.: 12-5085-CIVIL KRISTIN R.FELIX A/K/A KRISTIN RAE FELIX Defendant(s) CUMBERLAND COUNTY To the Prothonotary: �.: Issue writ of execution in the above matter: Amount Due (' J w 128 515.55 rn � �70 C__1 Interest from 08/21/2013 to Date of Sale $2,239.78 " — N C'; ($21.13 per diem) i TOTAL =6 r' $130,755.33 Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Note: Please attach description of property. PH#768052 0 It 11. srl �� " '/ i o . sou- . � c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL ASSOCIATION - Plaintiff J V. WHITNEY E.WALTZ A/K/A WHITNEY ETHAN WALTZ KRISTIN R.FELIX A/K/A KRISTIN RAE FELIX -�- Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Filed:y.y Address where papers may be served: WHITNEY E.WALTZ Phelan Hallinan,LLP A/K/A WHITNEY ETHAN WALTZ Adam H.Davis,Esq.,Id.No.203034 1004 EAST COOVER STREET Attorney for Plaintiff MECHANICSBURG,PA 17055-3419 KRISTIN R.FELIX A/K/A KRISTIN RAE FELIX 4062 CAISSONS COURT ENOLA,PA 17025 y 4245 ROTH FARM VILLAGE CIRCLE 'MECHANICSBURG,PA 17050 ,1 t LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in the Borough of Mechanicsburg,County of Cumberland and Commonwealth of Pennsylvania,more particularly bounded and described as follows,to wit: BEGINNING at a point on the southern line of Coover Street as shown on the hereinafter mentioned Plan of Lots,at the northeastern comer of Lot No.72 on said plan;thence by the southern line of Coover Street, North 66 degrees 43 minutes East, 80 feet to a point;thence by the dividing line between Lots Nos.70 and 71. on said Plan,South 22 degrees 47 minutes East, 141.4 feet to a point;thence by the dividing line between Lots Nos.71 and 75 on said Plan,South 66 degrees 43 minutes West,80 feet to a point;thence by the dividing line between Lots Nos.71 and 73 and by the dividing line between Lots 71 and 72,North 22 degrees 47 minutes West, 141.4 feet to a point,the place of BEGINNING. BEING Lot No.71 on Plan of Lots known as'Orchard-Crest',Remainder of Section S',which plan is of record in the Cumberland County Recorder's Office in Plan Book 11,Page 32. HAVING THEREON ERECTED a dwelling. UNDER AND SUBJECT to all easements,restrictions,reservations,conditions and rights-of-way of record. TITLE TO SAID PREMISES IS VESTED IN Whitney E. Waltz and Kristin R. Felix, h/w,by Deed from Central Penn Property Services, Inc., dated 04/19/2006,recorded 04/26/2006 in Book 274, Page 971. PREMISES BEING: 1004 EAST COOVER STREET,MECHANICSBURG,PA 17055-3419 PARCEL NO.17-23-0561-066 PHELAN HALLINAN, LLP ��p�' s ` Adam H. Davis, Esq., Id. No.203034 Ii0�3fl ���' � Attorneys far Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 CWIIABER �t"LVA�1NOV Adam.Davis@PhelanHallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. : NO.: 12-5085-CIVIL WHITNEY E. WALTZ A/K/A WHITNEY ETHAN WALTZ KRISTIN R.FELIX A/K/A KRISTIN RAE FELIX 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: ( ) the mortgage is an FHA Mortgage { ) the premises is non-owner occupied ( ) the premises is vacant { ) Act 91 procedures have been fulfilled (X) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff I r f I JPMORGAN CHASE BANK,NATIONAL•"I1.'=L)+�'r F: COURT OF COMMON PLEAS ASSOCIATION 0i: THE pl�DTIiJi�O�Ar� Plaintiff W3 AUG ?-I CIVIL DIVISION V. CUMBERLAND COUNTY NO.: 12-5085-CIVIL PENNSYLVANIA WHITNEY E. WALTZ A/K/A WHITNEY ETHAN WALTZ CUMBERLAND COUNTY KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 1004 EAST COOVER STREET,MECHANICSBURG,PA 17055-3419. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) WHITNEY E.WALTZ 1004 EAST COOVER STREET A/K/A WHITNEY ETHAN WALTZ MECHANICSBURG,PA 17055-3419 KRISTIN R.FELIX 4062 CAISSONS COURT A/K/A KRISTIN RAE FELIX ENOLA,PA 17025 4245 ROTH FARM VILLAGE CIRCLE MECHANICSBURG,PA 17050 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) WHITNEY E.WALTZ 1004 EAST COOVER STREET A/K/A WHITNEY ETHAN WALTZ MECHANICSBURG,PA 17055-3419 KRISTIN R.FELIX 4062 CAISSONS COURT A/K/A KRISTIN RAE FELIX ENOLA,PA 17025 4245 ROTH FARM VILLAGE CIRCLE MECHANICSBURG,PA 17050 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) COMMERCE BANK/HARRISBURG N.A. 3801 PAXTON STREET LOAN SERVICING HARRISBURG,PA 17111 COMMERCE BANK/HARRISBURG N.A. 100 SENATE AVENUE LOAN SERVICING CAMP HILL,PA 17011 PH#768052 COMMERCE BANK/HARRISBURG,NA. CARLISLE COMMONS 20 NOBLE BOULEVARD CARLISLE,PA 17013 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) BOROUGH OF MECHANICSBURG 36 W ALLEN STREET C/O DAVID J.SPOTTS,ESQ. MECHANICSBURG,PA 17055 BOROUGH OF MECHANICSBURG 36 WEST ALLEN STREET MECHANICSBURG,PA 17055 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) ORCHARD CREST-HERITAGE ACRES PO BOX 64 208 LANTZY RD CIVIC ASSOCIATION 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 1004 EAST COOVER STREET MECHANICSBURG,PA 17055-3419 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: ��l/ V By: t/LLK Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1.400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#768052 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO.: 12-5085-CIVIL WHITNEY E.WALTZ A/K/A WHITNEY ETHAN WALTZ KRISTIN R.FELIX A/K/A KRISTIN RAE FELIX CUMBERLAND COUNTY Defendant(s) r -T, NOTICE OF SHERIFF'S SALE OF REAL PROPERTY G 2;� a— TO: WHITNEY E.WALTZ KRISTIN R.FELIX A/K/A WHITNEY ETHAN WALTZ A/K/A KRISTIN RAE FELIX uo mac, 1004 EAST COOVER STREET 4245 ROTH FARM VILLAGE CLF, MECHANICSBURG,PA 17055-3419 MECHANICSBURG, PA 17050-3`bN, � —C-- ;r 71 KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX 4062 CAISSONS COURT ENOLA,PA 17025 "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 1004 EAST COOVER STREET,MECHANICSBURG,PA 17055-3419 is scheduled to be sold at the Sheriff's Sale on 12/04/2013 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$128,515.55 obtained by JPMORGAN CHASE BANK,NATIONAL ASSOCIATION(the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 31.29.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOUMAY 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 LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in the Borough of Mechanicsburg,County of Cumberland and Commonwealth of Pennsylvania,more particularly bounded and described as follows,to wit: BEGINNING at a point on the southern line of Coover Street as shown on the hereinafter mentioned Plan of Lots,at the northeastern comer of Lot No.72 on said plan;thence by the southern line of Coover Street, North 66 degrees 43 minutes East,80 feet to a point;thence by the dividing line between Lots Nos.70 and 71 on said Plan,South 22 degrees 47 minutes East, 141.4 feet to a point;thence by the dividing line between Lots Nos.71 and 75 on said Plan,South 66 degrees 43 minutes West,80 feet to a point;thence by the dividing line between Lots Nos.71 and 73 and by the dividing line between.Lots 71 and 72,North 22 degrees 47 minutes West, 141.4 feet to a point,the place of BEGINNING. BEING Lot No.71 on Plan of Lots known as'Orchard-Crest',Remainder of Section'B',which plan is of record in the Cumberland County Recorder's Office in Plan Book 11,Page 32. HAVING THEREON ERECTED a dwelling. UNDER AND SUBJECT to all easements,restrictions,reservations,conditions and rights-of-way of record. TITLE TO SAID PREMISES IS VESTED IN Whitney E. Waltz and Kristin R. Felix, h/w,by Deed from Central Penn Property Services, Inc., dated 04/19/2006, recorded 04/26/2006 in Book 274, Page 971. PREMISES BEING: 1004 EAST COOVER STREET,MECHANICSBURG,PA 17055-3419 PARCEL NO. 17-23-0561-066 SHORT DESCRIPTION By virtue of a Writ of Execution No. 12-5085-CIVIL JPMORGAN CHASE BANK,NATIONAL ASSOCIATION V. WHITNEY E. WALTZ A/K/A WHITNEY ETHAN WALTZ KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX owner(s) of property situate in the BOROUGH OF MECHANICSBURG, CUMBERLAND County, Pennsylvania, being 1004 EAST COOVER STREET,MECHANICSBURG,PA 17055-3419 Parcel No. 17-23-0561-066 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $128,515.55 Attorneys for Plaintiff Phelan Hallinan, LLP WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-5085 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 WHITNEY E. WALTZ A/K/A WHITNEY ETHAN WALTZ,KRISTIN R.FELIX A/K/A KRISTIN RAE FELIX (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $128,515.55 L.L.:$.50 Interest FROM 8/21/2013 TO DATE OF SALE($21.13 PER DIEM)-$2,239.78 Atty's Comm: Due Prothy: $2.25 Atty Paid: $403.50 Other Costs: Plaintiff Paid: Date:AUGUST 21,2013 David D. Buell,Prothonota (Seal) By: Deputy REQUESTING PARTY: Name:ADAM H.DAVIS,ESQUIRE Address: Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 203034 AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK,NATIONAL ASSOCIATION PH#768052 DEFENDANT SERVICE TEAM/lxh WHITNEY E.WALTZ A/K/A WHITNEY ETHAN WALTZ COURT NO.: 12-5085-CIVIL KRISTIN R.FELIX A/K/A KRISTIN RAE FELIX SERVE KRISTIN R.FELIX A/K/A KRISTIN RAE FELIX AT: TYPE OF ACTION 4062 CAISSONS COURT XX Notice of Sheriffs Sale ENOLA,PA 17025 SALE DATE: December 4,2013 **DIVORCED-One cannot accept service for the other** SERVED 22 Served and made known to KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX, Defendant on the 7 day of SEF TC-M eElt at ,o'clock F.M.,at X062 CA1SSp(vS CCU(Z-fi in the manner described below: Defendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _Other: Description: Age e S Height Weight (20'1 Race bU Sex f--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 her 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. /w DATE: 'i0 J� NAME. //" 1`\c\-- PRINTED NAME: .+NI� TITLE: NOTSERVED On the day f 20 at o'clock .M.,I, a competent adult hereby state that a endyant�D b'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: ch ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP rry Cr, 1617 JFK Boulevard,Suite 1400 Z r rri One Penn Center Plaza CA Philadelphia,PA 19103 © 6 j (215)563-7000 q C :4 C CD V ' r AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF C_ UMBERLAND COUNTY JPMORGAN CHASE BANK,NATIONAL ASSOCIATION PH#768052 DEFENDANT SERVICE TEAM/lxh WHITNEY E.WALTZ.A/K/A WHITNEY ETHAN WALTZ COURT NO.:12-5085-CIVIL KRISTIN R.FELIX A/K/A KRISTIN RAE FELIX SERVE KRISTIN R.FELIX A/K/A KRISTIN RAE FELIX AT: TYPE OF ACTION 4245 ROTH FARM VILLAGE CIRCLE XX Notice of Sheriffs Sale MECHANICSBURG,PA 17050-3610 SALE DATE: December 4,2013 **DIVORCED-One cannot accept service for the other** SERVED Served and made known to KRISTIN R. FELIX'A/K/A KRISTIN RAE FELIX, Defendant on the day of wTemaaz l,at ,o'clock f M.,at 2�(S�o?H M WLAE9 Q in the manner described below: Defendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is_M( C�AU(LQv, _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 , Height� �Weight (!Q� Race �J Sex-Other I, O r geyr j , 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: r�N+�Nti MYELfUV TITLE: SQL NOTSERVED On the day of 20_,at o'clock_.M.,1, a competent adult hereby state thatefendant because: _Vacant _Does Not�E ,st _Moved _Does Not Reside(Not Vacant) —No Answer on�at�; at Service Refused 1, 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 M tz7 C/) One Penn Center Plaza =� -V rn Philadelphia,PA 19103 N (215)563-7000 O t--:r- ---i C • . �C n �, 3y Cs CD V (. 1 ..i LA- E i C I HiONUt_TAtt`;` Phelan Hallinan, 2" A I O LLP a r pA !! �''cc�� Adam H. Davis, Esq., Id. No.203034 T NEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 JPMORGAN CHASE BANK, NATIONAL • Court of Common Pleas ASSOCIATION • Plaintiff • Civil Division • v. • CUMBERLAND County • WHITNEY E. WALTZ • No.: 12-5085-CIVIL A/K/A WHITNEY ETHAN WALTZ • KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on August 16, 2012. 2. Judgment was entered on August 21, 2013 in the amount of$128,515.55. 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. 768052 4. A Sheriffs Sale of the mortgaged property at 1004 EAST COOVER STREET, MECHANICSBURG, PA 17055-3419 (hereinafter the "Property")was postponed or stayed for the following reason: a.) The Defendant, KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX, filed a Chapter 07 Bankruptcy at Docket Number 1:12-06161 on October 19, 2012. Plaintiff obtained relief from the bankruptcy stay by order of court dated January 3, 2013. A true and correct copy of the Relief Order is attached hereto,made part hereof, and marked as Exhibit "B". 5. The Property is listed for Sheriffs Sale on December 4, 2013. 6. Additional sums have been incurred or expended on Defendants'behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $116,324.80 Interest Through December 4, 2013 $21,919.60 Legal fees $1,550.00 Cost of Suit and Title $1,182.00 Property Inspections $280.00 Appraisal/Brokers Price Opinion $220.00 Escrow Deficit $7,011.98 Suspense/Misc. Credits ($28.55) TOTAL $148,459.83 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief 768052 10. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 4, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit"C". 11. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order to Lift Conciliation Stay dated June 12, 2013 . WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: /O/t' /i'7V By: �f/�i Adam H. Davis, Esquire ATTORNEY FOR PLAINTIFF 768052 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis @PhelanHallinan.com 215-563-7000 JPMORGAN CHASE BANK, NATIONAL • Court of Common Pleas • ASSOCIATION Plaintiff • Civil Division v. • CUMBERLAND County • WHITNEY E. WALTZ : No.: 12-5085-CIVIL • A/K/A WHITNEY ETHAN WALTZ KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE WHITNEY E. WALTZ A/K/A WHITNEY ETHAN WALTZ and KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX 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 1004 EAST COOVER STREET, MECHANICSBURG, PA 17055-3419. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be 768052 cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. IL LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 768052 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 Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct 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 Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 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 768052 Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. 768052 Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton 768052 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. 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 768052 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. 768052 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: 7 /76//3 By: ,Y` (,t∎ Adam H. Davis, Esquire Attorney for Plaintiff 768052 Exhibit "A" 768052 FILED-OFFICE �," ► Exhibit "B" 768052 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: KRISTIN R.FELIX BK.No.1:12-06161 RNO A/K/A KRISTIN RAE FELIX Debtor Chapter No.07 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION Movant v. 11 U.S.C.§362 KRISTIN R.FELIX A/K/A KRISTIN RAE FELIX and LAWRENCE G.FRANK,ESQUIRE(TRUSTEE) Respondents ORDER GRANTING RELIEF FROM§362 AUTOMATIC STAY WITH RESPECT TO 1004 EAST COOVER STREET,MECHANICSBURG,PA 17055-3419. Upon consideration of Motion of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION (Movant),it is: ORDERED AND DECREED: that Movant shall be permitted to communicate with the Debtor(s) and Debtor's counsel to the extent necessary to comply with applicable nonbankruptcy law;and it is further; ORDERED that Relief from the Automatic stay of all proceedings,as provided under 11 U.S.C. §362 is granted with respect to, 1004 EAST COOVER STREET,MECHANICSBURG,PA 17055-3419(hereinafter the Premises)(as more fully set forth in the legal description attached to the Mortgage of record granted against the Premises), as to allow Movant,its successors or assign s, to proceed with its rights under the terms of said Mortgage. By the Court, Dated: January 3, 2013 Robert N.©pel,11.Bankruptcy Judge mc7 Case 1:12-bk-06161-RNO Doc 11 Filed 01/03/13 Entered 01/03/13 15:32:01 Desc Main Document Page 1 of 1 Exhibit "C" 768052 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 October 4,2013 WHITNEY E. WALTZ KRISTIN R. FELIX A/K/A WHITNEY ETHAN WALTZ A/K/A KRISTIN RAE FELIX 1004 EAST COOVER STREET 4062 CAISSONS COURT MECHANICSBURG,PA 17055-3419 ENOLA,PA 17025 RE: JPMORGAN CHASE BANK,NATIONAL ASSOCIATION v. WHITNEY E.WALTZ, A/K/A WHITNEY ETHAN WALTZ and KRISTIN R. FELIX,A/K/A KRISTIN RAE FELIX Premises Address: 1004 EAST COOVER STREET MECHANICSBURG,PA 17055 CUMBERLAND County CCP,No. 12-5085-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment.Please respond to me within 5 days,by 10/10/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, 154>("74/1"°' Adam H. Davis,Esq., Id.No.203034 Attorney for Plaintiff Enclosure 768052 and Phelan Hallinan,LIP •1:: : ss 1617 IFK Boulevard,Suite 1400 44 nder One Penn Center Plaza 't ,tV ° Philadelphia,PA 19103 KVM 8.- Micla Number NaritafAddressee,Street,and Post Ofce Address Postage ,..n. V+ ': WHITNEY E.WALTZ 50.45 1 o - ': :,..." KRISTIN R.FELIX [tll m 1004 EAST COOV ER STREET a ` � -o .:!$4e.e-- MECHANICSBURG,PA 17055-3419 4LI N'° :':i t ,I •"•• WHITNEY E.WALTZ 50.45 it5r KRISTIN R.FELIX �'�$c3 b ? ;:;:a� 4245 ROTH FARM VILLAGE CIR d dhw MECHANICSBURG,PA 17050-3610 * Y} `+� ...!:-\::.'. .. ***. KRISTIN R.FELIX 50.45 I '`° .. k 4062 CAISSONS COURT ENOLA,PA 17025 ' �.;'`.;t ;,;. : ;i ,.r:: �; RE:WHITNEY E.WALTZ A/K/A WHITNEY ETHAN WALTZ(CUMBERLAND)8ER13+1(�ID} PH#7tt81NS1J1200 51,35 .- ?. 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FELIX A/K/A KRISTIN RAE FELIX Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. WHITNEY E. WALTZ WHITNEY E. WALTZ A/K/A WHITNEY ETHAN WALTZ A/K/A WHITNEY ETHAN WALTZ KRISTIN R. FELIX KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX A/K/A KRISTIN RAE FELIX 1004 EAST COOVER STREET 4245 ROTH FARM VILLAGE CIR MECHANICSBURG, PA 17055-3419 MECHANICSBURG, PA 17050-3610 KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX 4062 CAISSONS COURT ENOLA,PA 17025 Phelan Hallinan, LLP DATE: /1// //j By: `,/'i /∎fr, r Adam H. Davis, Esquire ATTORNEY FOR PLAINTIFF 768052 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 WHITNEY E. WALTZ No.: 12-5085-CIVIL A/K/A WHITNEY ETHAN WALTZ • KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX Defendants RULE AND NOW,this /74 day of 2013, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY TH OURT / - mil , J. ".-) "' CO C it 768052 A is€LED7-[)I:ICE. O THE PROTHONO fiA r" 2013 OCT 24 AM 9: 53 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION Plaintiff Civil Division VS. CUMBERLAND County WHITNEY E. WALTZ No.: 12-5085-CIVIL A/K/A WHITNEY ETHAN WALTZ KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 18, 2013 Rule directing the Defendants to show cause as to why Plaintiff s Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. WHITNEY E. WALTZ WHITNEY E. WALTZ A/K/A WHITNEY ETHAN WALTZ A/K/A WHITNEY ETHAN WALTZ KRISTIN.R.FELIX KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX A/K/A KRISTIN RAE FELIX 1004 EAST COOVER STREET- *-4245 ROTH-FARM VILLAGE-CIRCLE MECHANICSBURG, PA 17055-3419 MECHANICSBURG, PA 17050-3610 768052 KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX 4062 CAISSONS COURT ENOLA, PA 17025 Phelan Hall' LP DATE: l a�2�3� By: Justin F. I ski, Esq., Id. No.200392 Atto for Plaintiff 768052 ;t°'I,;'t I:'0..:'il:-t'''':f.:; I:I A* ult''i''''';'-Od:i t.:'; PHELAN HALLINAN,LLP Attorney for Plaintiff �(I$9f3f LrA� John Michael Kolesnik,Esq.,Id.No.308877 T‘'' 1617 JFK Boulevard, Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia,PA 19103 John.Kolesnik@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL CUMBERLAND COUNTY ASSOCIATION Plaintiff, COURT OF COMMON PLEAS • v. CIVIL DIVISION • WHITNEY E.WALTZ A/K/A WHITNEY ETHAN No.: 12-5085-CIVIL WALTZ . KRISTIN R.FELIX A/K/A KRISTIN RAE FELIX Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a)Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c)on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached h• f •• ibit"A". Jo' ichael Kolesnik,Esq.,Id.No.308877 � j� torney for Plaintiff Date: 6/� 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#768052 s N � o � Name and Phelan 617 It Bout.ard, 1.? tZ'm Addres IGI'!1NK doulcvard,5wta 14W �; i � r- � One Penn Center Plaza AZK/CE°T 11/# 13 Sat'" — .Pas -_e M1��a>r Of Senderyt pp�ygiO3 Strec and Post O[ticc Address a --,,,,,-r �° ® ActiclaNvmtrer N lut-sluRo l . y EOM I903 EAST COO 5 smash tPACSBIIAG YA 5105y.3419 �..... . .. 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PH d T2ti0 LI RE wn• PA Y.. ..11 sa R.1'itANl VWALIZ"(CI ERLAND) d o�o•1 Writ Team on sn tk��*'�!D"ti tngnc�red uwn.TA:r�xi.rtnrr treRmewy i��k .1 adman.ermeets/wow, Mali nva iman to S50.t»t4na twwtitastrt.►fr(*woe of :for 0.eaw+un.da.of•i�new+pt4otik roeowrnwc water rRtwm� ...to.cx:M I t2t sr a S.. . 'reel stelae/or M d b TastNe'i Vs t irw aaceiuia;Bari � ,xz�raoae.Tie madman lmkanhr>�,Sic L7na�cwac M�it t't+ 'I visa C,ierd:My eewBw a gµ„iwda PaiWnc• 1 t to P � • j 7lrtnetiatemitOciwtHrW/ybkeS."..QORk:rx=iutredwik.r�mcw�epr�l . ARVSVl3 eed y92l ex ant tnvcn:. • . Form 3877 Facsimile: 1 i ii I � ( � I t` C i l J -.i t 131Ov 13 An 10: LJ :I ;'! 0 RI_AND 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.lcrohn@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL • Court of Common Pleas • ASSOCIATION Plaintiff • Civil Division • vs. : CUMBERLAND County WHITNEY E. WALTZ • No.: 12-5085-CIVIL • A/K/A WHITNEY ETHAN WALTZ KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX Defendants MOTION TO MAKE RULE ABSOLUTE JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on October 16, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on October 4, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the 768052 Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued on October 18, 2013 directing the Defendants to show cause by November 7, 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 October 23, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of November 7, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. Phelan Hallinan, LLP DATE: 11/1413 By: John D. Kro Esq., Id.No.312244 Attorney for laintiff 768052 Exhibit "A" 768052 • 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 October 4,2013 WHITNEY E. WALTZ KRISTIN R. FELIX A/K/A WHITNEY ETHAN WALTZ A/K/A KRISTIN RAE FELIX 1004 EAST COOVER STREET 4062 CAISSONS COURT MECHANICSBURG,PA 17055-3419 ENOLA, PA 17025 RE: JPMORGAN CHASE BANK,NATIONAL ASSOCIATION v. WHITNEY E.WALTZ, A/K/A WHITNEY ETHAN WALTZ and KRISTIN R. FELIX,A/K/A KRISTIN RAE FELIX Premises Address: 1004 EAST COOVER STREET MECHANICSBURG,PA 17055 CUMBERLAND County CCP,No. 12-5085-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order.In accordance with Cumberland County Local Rule 208.3(9),I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment.Please respond to me within 5 days,by 10/10/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, #.0„.‘19014",' Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Enclosure 768052 . And Phelan IIal!Ina%LLP coo iss 111111111111110 1617 IFK Boulevard,Suite 1400 111 Q ader One Penn Center Plaza .. O ° ; Article Number Nam Philadelphia,Adrressee Strett,sad Post Utfice..Addre Postage - tol• WHITNEY .WALTZ Stt.45 � •o .: �"' KRISTIN R.FELIX � m m -. 3,�• 1004 EAST COOYER$TREET "::.','•• MECHANIOSBURG,PA.17055319 j r., (7 **** WHITNEY E.WALTZ ¶0.45 ,{ KRISTIN R.FELIX : 2�" r .q 4245 ROTH FARM VILLAGE CIA -tii'..� �u .:��.:,:�.�� MECRANICSBURC,PA 177050 3610 v'.`. ** KRISTIN R.FELIX $0.45 '�` 4062 CAISSONS COURT �� ENOLA,PA 17025 • RE:WHITNEY E.WALTZ A/K/A WHITNEY ETHAN WALTZ(CUMBERLAND) PH9768052/1200 $1.35 • _•13 ,.„ Page 1 or 1 ,.... ..- , caber of Tani Number of ibexes Pwtmwn,Pef(Name of The fell&dad e.of vJne n roquond CO on an domefOw and stri9Cnaal rrpsxncd mall The moon '4:+.i;..•' teed by Seaga Reechoed r Pnn O 1 o Refeevg,g`Employee) Ia raessaanitrudieeataep *WefaepnmlirsQa Eoy!cse row!mcamc r rnoxiureel.,mHerm.c u>.J..UJ per •1 ciera Sblea tealimit ot$541 parocone«o;Tim video.mdrnu,ry pm ymble on Eepm Mail menrin demo n 5W. 11.e emn)nve,indneettrgorebfe he$23,000 tar otigiihneed mewl,went»'rn opoonel 1mur.,tic See fhee.K Mot 94..1 " e;>."; 111.90 Sail.ad S72I fo hm, mi*btcomge :A. :.'.- it 3877 Facsimile , °.''4', !• • r f l '. x; p ice.,^i% Ca P5 • , " iv 3 '-a i• °A t 'r'::i ,,,,, ,,:„.„-„, ,... :.,.:.... . ... :.t;"e":: :..bn." •,....":;,,," ,.. ..,...,,,, ; ..yt .. „..„....„, j 768052 ' s°:•.^'.i.i Exhibit “B” 768052 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN C:;IIASE BANK, NATIONAL : Court of Common Pleas ASSOCIATION Plaintiff • Civil Division v. CUMBERLAND County WHITNEY E. WALTZ No.: 12-5085-CIVIL A/K/A WHITNEY ETHAN WALTZ KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX Defendants RULE AND NOW,this_ ` day ofO 2013, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court,Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT e +�. -; A ... s rn ?4 768052 Adam H.Davis,Esq.,Id.No.203034 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL; (215)563-7000 FAX: (215}563-3459 WHITNEY E. WALTZ WHITNEY E. WALTZ A/K/A WHITNEY ETHAN WALTZ A/K/A WHITNEY ETHAN WALTZ KRISTIN R. FELIX KRISTIN R. FELIX A/KIA KRISTIN RAE FELIX A/K/A KRISTIN RAE FELIX 1004 EAST COOVER STREET 4245 ROTH FARM VILLAGE CIR MECHANICSBURG,PA 17055-3419 MECHANICSBURG,PA 17050-3610 KRISTIN R. FELIX A/KIA KRISTIN RAE F ELIX 4062 CAISSONS COURT ENOLA,PA 17025 768052 768052 Exhibit "C" I HE PRO C13ONO kA , , 2013 OCT 24 AM 9: 53 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP ovoloce Justin F. Kobeski, Esq., Id. No.200392 ATTORNEY FOR PWIN"!IFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 justin.kobeski @phelanhallinan.corn 215-563-7000 JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION Plaintiff Civil Divisio ; vs. CUMBERLAND County WHITNEY E. WALTZ No.: 12-5085-CIVIL A/K/A WHITNEY ETHAN WALTZ KRISTIN R. FELIX A/KJA KRISTIN RAE FELIX Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 18, 2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. WHITNEY E. WALTZ WHITNEY E. WALTZ A/K/A WHITNEY ETHAN WALTZ A/K/A WHITNEY ETHAN WALTZ KRISTIN R.FELIX . KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX • A/K/A KRISTIN RAE FELIX 1004 EAST COOVER STREET. '4245 ROTH•FARM VILLAGE-CIRCLE MECHANICSBURG, PA 17055-3419 MECHANICSBURG,PA 17050-3610 768052 KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX 4062 CAISSONS COURT ENOLA,PA 17025 Phelan Hall ; LLP c./ DATE: By Justin F. eski,Esq.,Id.No.200392 Atto "(for Plaintiff 768052 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 . Plaintiff • Civil Division • vs. CUMBERLAND County WHITNEY E. WALTZ • No.: 12-5085-CIVIL A/K/A WHITNEY ETHAN WALTZ . KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. WHITNEY E. WALTZ WHITNEY E. WALTZ A/K/A WHITNEY ETHAN WALTZ A/K/A WHITNEY ETHAN WALTZ KRISTIN R. FELIX KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX A/K/A KRISTIN RAE FELIX 1004 EAST COOVER STREET 4245 ROTH FARM VILLAGE CIRCLE MECHANICSBURG, PA 17055-3419 MECHANICSBURG, PA 17050-3610 KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX 768052 4062 CAISSONS COURT ENOLA, PA 17025 Phelan Hallinan, LLP DATE: 10413 By: John D. hn, Esq., Id.No.312244 Attorney for Plaintiff 768052 2013 NOV 15 FM 2: 27 CJMBEERLAND COUIN Y PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION Plaintiff Civil Division vs. CUMBERLAND County WHITNEY E. WALTZ No.: 12-5085-CIVIL A/K/A WHITNEY ETHAN WALTZ KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX Defendants ORDER AND NOW, this 1S` day of iJa+< , 2013, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $116,324.80 Interest Through December 4, 2013 $21,919.60 Legal fees $1,550.00 Cost of Suit and Title $1,182.00 Property Inspections $280.00 Appraisal/Brokers Price Opinion $220.00 Escrow Deficit $7,011.98 Suspense/Misc. Credits ($28.55) 768052 TOTAL $148,459.83 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 E COURT: J. J. W . EGx 768052 • cj iq Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL • Court of Common Pleas • ASSOCIATION Plaintiff • Civil Division • v. • CUMBERLAND County • WHITNEY E. WALTZ • No.: 12-5085-CIVIL A/K/A WHITNEY ETHAN WALTZ KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on August 16, 2012. 2. Judgment was entered on August 21, 2013 in the amount of$128,515.55. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 768052 3. Plaintiff filed a prior Motion to Reassess Damages, which was granted by Order dated November 15, 2013, amending the judgment amount to $148,459.83. A true and correct copy of the Order is attached hereto, made part hereof, and marked as Exhibit B. 4. 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. 5. A Sheriffs Sale of the mortgaged property at 1004 EAST COOVER STREET, MECHANICSBURG, PA 17055-3419 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendant, KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX, filed a Chapter 07 Bankruptcy at Docket Number 1:12-06161 on October 19, 2012. Plaintiff obtained relief from the bankruptcy stay by order of court dated January 3, 2013. A true and correct copy of the Relief Order is attached hereto, made part hereof, and marked as Exhibit "C". 6. The Property is listed for Sheriffs Sale on March 12, 2014. 7. Additional sums have been incurred or expended on Defendants'behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: 768052 Principal Balance $116,324.80 Interest Through March 12, 2014 $24,015.14 Legal fees $1,550.00 Cost of Suit and Title $1,162.34 Property Inspections $420.00 Appraisal/Brokers Price Opinion $475.00 Escrow Deficit $7,011.98 Suspense/Misc. Credits ($28.55) TOTAL $150,930.71 8. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 9. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 10. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 11. 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 December 30, 2013 and requested the Defendants'Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 12. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order for$148,459.83 dated November 15, 2013 . 768052 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan -.allinan, LLP DATE: (O/ti' By: AA-4i 01 Jo Fan . Etkowicz, Esquire A ' ORNEY FOR PLAINTIFF 768052 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, NATIONAL : Court of Common Pleas • ASSOCIATION Plaintiff : Civil Division v. • CUMBERLAND County WHITNEY E. WALTZ • No.: 12-5085-CIVIL • A/K/A WHITNEY ETHAN WALTZ KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE WHITNEY E. WALTZ A/K/A WHITNEY ETHAN WALTZ and KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX 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 1004 EAST COOVER STREET, MECHANICSBURG, PA 17055-3419. The Mortgage 768052 indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). 768052 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 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 Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct 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 Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 768052 • 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 Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs 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, 768052 Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiffs 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. 768052 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). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as their interests will be divested by the Sheriffs sale. 768052 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. 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, 768052 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. 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. 768052 WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP(/(DATE: l (04 By: -st► ■- Jonathan iko icz,Esquire Attorney •r Plaintiff 768052 Exhibit "A" 768052 U°Oi=FiC._ HE P R O T H ON O TA h'I PHELAN HALLMAN, LLP tt for Plaintiff Adam H.Davis,Esq., Id. No.203034 2013 AUG 21 AM 1i ' ey 1617 JFK Boulevard,Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 Attorney File Co JPMORGAN CHASE BANK,NATIONAL Mean D COUNTY ASSOCIATION f1WW��11 . COURT OF COMMON PLEAS vs. CIVIL DIVISION WHITNEY E.WALTZ A/K/A WHITNEY ETHAN WALTZ No.12.5085-CIVIL KRISTIN R.FELIX A/K/A KRISTIN RAE FELIX 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 WHITNEY E.WALTZ A/K/A WHITNEY ETHAN WALTZ and KRISTIN R.FELIX A/K/A KRISTIN RAE FELIX,Defendant(s)for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale oltilaiNaltia40.yises, and assess Plaintiff's damages as follows: Please Return As set forth in Complaint $128,515.55 TOTAL $128,515.55 I hereby certify that(1)the Defendants'last known addresses are 1004 EAST COOVER STREET,MECHANIIC3IURO,PA 17055-9419,4062 CAISSONS COURT,EM.)LA,PA 17025,and 4245 ROTH FARM VILLAGE CIRCLE,MECHANICSBURG,PA 17050-3610, and(2)that notice has been given in accordance with Rule Pa.R.C.P22377.1. Date O/te M 3 ao[7i44049o'Lt� A.1 -.Davi • Id.No.203034 ALL s f DAMAGES ARE HEREBY ASSESSED AS INDICATED. thsifjP DATE: _eptla r '� PH*768052 PROTHONOTARY 768052 Exhibit "B" 768052 ' SLED-OF )fir. 1 hE PRTh OHO 11iii', 27 201 310' 15 PM 2: CUMBERLAND VANA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION Plaintiff Civil Division vs. CUMBERLAND County WHITNEY E. WALTZ No.: 12-5085-CIVIL A/K/A WHITNEY ETHAN WALTZ KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX Defendants ,, ORDER AND NOW, this /J A..day of Ap 013, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED,that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $116,324.80 Interest Through December 4, 2013 $21,919.60 Legal fees $1,550.00 Cost of Suit and Title $1,182.00 Property Inspections $280.00 Appraisal/Brokers Price Opinion $220.00 Escrow Deficit $7,011.98 Suspense/Misc. Credits ($28.55) 768052 TOTAL $148,459.83 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 THE COURT: J. 768052 Exhibit "C" 768052 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: KRISTIN R.FELIX BK.No. 1:12-06161 RNO A/K/A KRISTIN RAE FELIX Debtor Chapter No.07 • JPMORGAN CHASE BANK,NATIONAL ASSOCIATION Movant v. 11 U.S.C. §362 KRISTIN R.FELIX A/K/A KRISTIN RAE FELIX and LAWRENCE G.FRANK,ESQUIRE(TRUSTEE) Respondents • ORDER GRANTING RELIEF FROM§362 AUTOMATIC STAY WITH RESPECT TO 1004 EAST COOVER STREET,MECHANICSBURG,PA 17055-3419. Upon consideration of Motion of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION (Movant),it is: ORDERED AND DECREED: that Movant shall be permitted to communicate with the Debtor(s) and Debtor's counsel to the extent necessary to comply with applicable nonbankruptcy law;and it is further; ORDERED that Relief from the Automatic stay of all proceedings, as provided under 11 U.S.C. §362 is granted with respect to, 1004 EAST COOVER STREET,MECHANICSBURG, PA 17055-3419(hereinafter the Premises)(as more fully set forth in the legal description attached to the Mortgage of record granted against the Premises), as to allow Movant, its successors or assigns, to proceed with its rights under the terms of said Mortgage. By the Court, Dated: January 3, 2013 Robert N.Opel,H,BankmptcyRidge (Do) Case 1:12-bk-06161-RNO Doc 11 Filed 01/03/13 Entered 01/03/13 15:32:01 Desc Main Document Page 1 of 1 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 December 30,2013 WHITNEY E. WALTZ KRISTIN R. FELIX A/K/A WHITNEY ETHAN WALTZ A/K/A KRISTIN RAE FELIX 1004 EAST COOVER STREET 4062 CAISSONS COURT MECHANICSBURG,PA 17055-3419 ENOLA,PA 17025 RE: JPMORGAN CHASE BANK,NATIONAL ASSOCIATION v. WHITNEY E. WALTZ, A/KIA WHITNEY ETHAN WALTZ and KRISTIN R. FELIX,A/K/A KRISTIN RAE FELIX Premises Address: 1004 EAST COOVER STREET MECHANICSBURG, PA 17055 CUMBERLAND County CCP,No. 12-5085-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. in accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days,by 1/4/2014. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. V t ly urs, / i math, . Etkowicz,Esq.,Id.No.208786 t ,-y for Plaintiff Enclosure 768052 w 070E00 $ catsidi7 • t• :,•',,, "' �1s• a . s3Mc A Lk <<3O 1SOd S(J ,`4�''�-., : .: .3 ra• ttO g " 77 1 .4$1$1 EgA UI'ocs a° o ca o .. 141 Ihl :-L4 1311 X41 $12 8 zhh 11§.41 At W W SA X 11:4 :1•�,; s v, Li e ' .1 4A141 3 z 4 i E"" W Z Ii e" 11 i S 1! i ?lR a U 4 ' ° W i Wq o c W v s Ag . Ea ap .. N 13 03 E, a E" Y w= N N a to 1Q � E.. at;f. v tar > 0 3 ° a � ¢ r. - c z w4°t �4. U • E. 4ia. 4,. `BI 4.1 r 6 I: i 7' �nU NCt ,nU z a� ass E W r r a 'gi.e 4 4 4 4 (y 204, 4 4 4 I- Q CO 5 c elf -5 tY1 C ,— .. N M V Z O ..... zoo :3 Gs, Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, NATIONAL • Court of Common Pleas • ASSOCIATION Plaintiff • Civil Division v. • CUMBERLAND County • WHITNEY E. WALTZ • No.: 12-5085-CIVIL • A/K/A WHITNEY ETHAN WALTZ KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. WHITNEY E. WALTZ WHITNEY E. WALTZ A/K/A WHITNEY ETHAN WALTZ A/K/A WHITNEY ETHAN WALTZ KRISTIN R. FELIX 4245 ROTH FARM VILLAGE CIR A/K/A KRISTIN RAE FELIX MECHANICSBURG, PA 17050-3610 1004 EAST COOVER STREET MECHANICSBURG, PA 17055-3419 768052 KRISTIN R. FELIX KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX A/K/A KRISTIN RAE FELIX 4062 CAISSONS COURT 4245 ROTH FARM VILLAGE CIRCLE ENOLA, PA 17025 MECHANICSBURG, PA 17050-3610 Phelan H. • an, LLP DATE: 1 C o ( By: Jonat . • . Etkowicz, Esquire ATT • EY FOR PLAINTIFF 768052 i ," �;y 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 WHITNEY E. WALTZ No.: 12-5085-CIVIL A/K/A WHITNEY ETHAN WALTZ KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX Defendants RULE AND NOW,this �S� day of J�, ,, _2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY T COURT J. 768052 Jonathan M. Etkowicz,Esq., Id.No.208786 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 �HITNEY E. WALTZ ,-11HITNEY E. WALTZ A/K/A WHITNEY ETHAN WALTZ A/K/A WHITNEY ETHAN WALTZ KRISTIN R. FELIX 4245 ROTH FARM VILLAGE CIR A/K/A KRISTIN RAE FELIX MECHANICSBURG, PA 17050-3610 1004 EAST COOVER STREET MECHANICSBURG, PA 17055-3419 /KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX _,..,�RISTIN R. FELIX 4245 ROTH FARM VILLAGE CIRCLE A/K/A KRISTIN RAE FELIX MECHANICSBURG, PA 17050-3610 4062 CAISSONS COURT ENOLA, PA 17025 CT l//4//q 768052 768052 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. - c ;.7... CUMBERLAND C°.,' ty WHITNEY E. WALTZ • rv ` A/K/A WHITNEY ETHAN WALTZ • No.: 12-5085-CIVII KRISTIN R. FELIX : r.. A/K/A KRISTIN RAE FELIX CD • ry Defendants -4. CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's January 15, 2014 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. WHITNEY E. WALTZ WHITNEY E. WALTZ A/K/A WHITNEY ETHAN WALTZ A/K/A WHITNEY ETHAN WALTZ KRISTIN R. FELIX 4245 ROTH FARM VILLAGE CIR A/K/A KRISTIN RAE FELIX MECHANICSBURG, PA 17050-3610 1004 EAST COOVER STREET MECHANICSBURG, PA 17055-3419 KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX KRISTIN R. FELIX 4245 ROTH FARM VILLAGE CIRCLE A/K/A KRISTIN RAE FELIX MECHANICSBURG, PA 17050-3610 4062 CAISSONS COURT ENOLA, PA 17025 Phelan Hallinan, LP DATE: //)..2.../N By: /„..apr. Jo.khan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 768052 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL • Court of Common Pleas ASSOCIATION • Plaintiff • Civil Division vs. • CUMBERLAND County WHITNEY E. WALTZ • No.: 12-5085-CIVIL A/K/A WHITNEY ETHAN WALTZ : KRISTIN R. FELIX ' A/K/A KRISTIN RAE FELIX Defendants v ` ' 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 January 13, 2014. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on December 30, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable Judge Hess on or about January 15, 2014 directing the Defendants to show cause by February 6, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 768052 4. The Rule to Show Cause was timely served upon all parties on January 22, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of February 6, 2014. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. Phelan : an, LLP DATE: 2 /i'1/I l By: iL Justin 7 obes ', Esq., Id.No.200392 Atto ,; for t aintiff 768052 Exhibit "A" 768052 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan I-Iallinan, LLP Representing Lenders in Pennsylvania December 30, 2013 WHITNEY E. WALTZ KRISTIN R. FELIX A/K/A WHITNEY ETHAN WALTZ A/K/A KRISTIN RAE FELIX 1004 EAST COOVER STREET 4062 CAISSONS COURT MECHANICSBURG,PA 17055-3419 ENOLA,PA 17025 RE: JPMORGAN CHASE BANK,NATIONAL ASSOCIATION v.WHITNEY E. WALTZ, A/K/A WHITNEY ETHAN WALTZ and KRISTIN R. FELIX, A/K/A KRISTIN RAE FELIX Premises Address: 1004 EAST COOVER STREET MECHANICSBURG,PA 17055 CUMBERLAND County CCP,No. 12-5085-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days,by 1/4/2014. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. V -y t :ly urs, onath Etkowicz,Esq.,Id.No.208786 ttor y for Plaintiff Enclosure 768052 W 0,0 ____ • i -•4.4 „-S trl SW 0e 43 N1.4dK3DVIOd-Si) q`,'`` 4 w: �� >.8 b _ E1 e 1 ao et a. 415 414: 0 0 VQ4 V1 2 . . ki "it Zr tIg .... U • - V 54 M i g i Li . z i W. E 0: a, !1! U Cif A !a rra O..: .4 oc.., ... .. F d t � �} a "75 � .4,t,5 > ti x 0 x "`G9 at _ ra ' V 0-y� f 4+ g3 «. a, to rn . u, vs .. 4.tz, v3 i c.? Kaa '` +u alit �p � llg aft a., aL v w �a s� ' 0 s s * Ct Z # 4 4 w ' W 4 4 4 4 c 0 xi.0 w 'A — ' . M ". 0 q z < Co7 :.a i-a 4+ Exhibit "B" 768052 ''! J,',:: I € Ct tit �,E t 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 • WHITNEY E. WALTZ No.: 12-5085-CIVIL A/K/A WHITNEY ETHAN WALTZ • KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX Defendants RULE AND NOW,this Ac-i ' day of 2014,a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT 44 f J. 768052 Jonathan M. Etkowicz, Esq.,Id.No.208786 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 WHITNEY E. WALTZ WHITNEY E. WALTZ A/K/A WHITNEY ETHAN WALTZ A/K/A WIIITNEY ETHAN WALTZ KRISTIN R. FELIX 4245 ROTH FARM VILLAGE CIR AJKIA KRISTIN RAE FELIX MECHANICSBURG, PA 17050-3610 1004 EAST COOVER STREET MECHANICSBURG,PA 17055-3419 KRISTIN R. FELIX AIK/A KRISTIN RAE FELIX KRISTIN R. FELIX 4245 ROTH FARM VILLAGE CIRCLE A/K/A KRISTIN RAE FELIX MECHANICSBURG,PA 17050-3610 4062 CAISSONS COURT ENOLA,PA 17025 768052 768052 • Exhibit "C" ,a rLL'1. r{"7 ..1i,'' r:. I t t J L 1 �3H C. i 3sU � eft Phelan Hallman; LLP [0(4 JAN 23 AN j 1: 25TORNEY FOR PLAINTIFF Jonathan Lobb,Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION MOIR Gov Civil Division Plaintiff , N vs_ CUMBERLAND County WHITNEY E. WALTZ • A/K/A WHITNEY ETHAN WALTZ No.: 12-5085-CIVIL KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's January 15,2014 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. WHITNEY E. WALTZ WHITNEY E. WALTZ A/K/A WHITNEY ETHAN WALTZ A/K/A WHITNEY ETHAN WALTZ KRISTIN R. FELIX 4245 ROTH FARM VILLAGE CIR A/K/A KRISTIN RAE FELIX MECHANICSBURG,PA 17050-3610 1004 EAST COOVER STREET MECHANICSBURG, PA 17055-3419 KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX KRISTIN R. FELIX 4245 ROTH FARM VILLAGE CIRCLE A/K/A KRISTIN RAE FELIX MECHANICSBURG,PA 17050-3610 4062 CAISSONS COURT ENOLA,PA 17025 f( Phelan llallinan. LP DATE: i"1 By: Jo/i an Lobb, Esq.,Id.No.312174 Attorney for Plaintiff 768052 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, NATIONAL Court of Common Pleas ASSOCIATION • Plaintiff • Civil Division • vs. • CUMBERLAND County • WHITNEY E. WALTZ • No.: 12-5085-CIVIL A/K/A WHITNEY ETHAN WALTZ • KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. WHITNEY E. WALTZ WHITNEY E. WALTZ A/K/A WHITNEY ETHAN WALTZ A/K/A WHITNEY ETHAN WALTZ KRISTIN R. FELIX KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX A/K/A KRISTIN RAE FELIX 1004 EAST COOVER STREET 4245 ROTH FARM VILLAGE CIR MECHANICSBURG, PA 17055-3419 MECHANICSBURG, PA 17050-3610 KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX 4062 CAISSONS COURT ENOLA, PA 17025 Phela t allinan, L DATE: z /4/14/ By: Justi . Ko•-ski,Esq., Id. No.200392 Mt, ey for Plaintiff 768052 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION Plaintiff Civil Division vs. CUMBERLAND County WHITNEY E. WALTZ No.: 12-5085-CIVIL A/K/A WHITNEY ETHAN WALTZ KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX Defendants ORDER AND NOW, this z..%' day of , 2014, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $116,324.80 Interest Through March 12,2014 $24,015.14 Legal fees $1,550.00 Cost of Suit and Title $1,162.34 Property Inspections $420.00 Appraisal/Brokers Price Opinion $475.00 Escrow Deficit $7,011.98 -u - �� r... v,► c:x 1>C. 768052 Suspense/Misc. Credits ($28.55) TOTAL $150,930.71 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 E COURT: J. Copies J. ES�,' la's44' a ,aL,/tr 768052 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY F [ 7 C UMBLRLAHO C LIN Y PENNSYLVANI JP Morgan Chase Bank, NA vs. Whitney Ethan Waltz (et al.) Case Number 2012-5085 SHERIFF'S RETURN OF SERVICE 09/20/2013 04:10 PM - Deputy Shawn Gutshall, 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 1004 E. Coover Street, Mechanicsburg Borough, Mechanicsburg, PA 17055, Cumberland County. 09/23/2013 07:45 PM - Deputy Jamie DiMartle, 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: Whitney Ethan Waltz at 1004 E. Coover Street, Mechanicsburg Borough, Mechanicsburg, PA 17055, Cumberland County. 09/30/2013 08:10 PM - Deputy Shawn Gutshall, 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: Kristin Rae Felix at 4062 Caissons Court, Hampden Township, Enola, PA 17025, Cumberland County. 12/04/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/12/2014 03/12/2014 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 17013 on March 12, 2014 at 10:00 a.m. He sold the same for the sum of $ 45,000.00 to Attorney Joseph Schalk, on behalf of , being the buyer in this execution, paid to the Sheriff the sum of $ 04/11/2014 Proposed Schedule Of Distribution Posted SHERIFF COST: $2,121.00 SO ANSWERS, May 01, 2014 c):io ntySude Sheri f`.'t'eleoectt,Inc. RONNYR ANDERSON, SHERIFF pal .0 Lt Pok- e/z- 96,/66- 10? -4 364300 On August 23, 2013 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 1004 East Coover Street, Mechanicsburg, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: August 23, 2013 By: Real Estate Coor. inator SS :b V ZZ UUEI1 ' d LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 t Writ No. 2012-5085 Civil Term JP MORGAN CHASE BANK, N.A. vs. WHITNEY ETHAN WALTZ Kristin Rae Felix Atty.: Joseph Schalk By virtue of a Writ of Execution No. 12 -5085 -CIVIL, JPMORGAN CHASE BANK, NATIONAL ASSOCIA- TION v. WHITNEY E. WALTZ a/k/a WHITNEY ETHAN WALTZ, KRISTIN R. FELIXa/k/a KRISTIN RAE FELIX owner(s) of property situate in the BOROUGH OF MECHANICSBURG, CUMBERLAND County, Pennsyl- vania, being 1004 EAST COOVER STREET, MECHANICSBURG, PA 17055-3419. Parcel No. 17-23-0561-066. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $128,515.55. 130 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: October 11, October 18 and October 25, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 5 da of October, 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 Suite 300 • Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Yee 1ftafriotNe Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY 2012.5085 CMI Term JP MORGAN CHASE BANK, NA vs. WHITNEY ETHAN WALTZ Kristin Rae Felix Atty: Joseph Schalk By virtue of a Writ of Execution No. 12 -5085 -CIVIL JPMORGAN CHASE BANK, NATIONAL ASSOCIATION v. WHITNEY E. WALTZ A/K/A WHITNEY ETHAN WALTZ KRISTIN R. FELIX A/K/A KRISTIN RAE FELIX owner(s) of property situate in the BOROUGH OF MECHANICSBURG, CUMBERLAND County, Pennsylvania, being - 1004 EAST COOVER STREET MECHANICSBURG, PA 17055-3419 Parcel No. 17-23-0561-066 ' (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $128,515.55 / This ad ran on the date(s) shown below: 10/13/13 10/20/13 Sworn to a d subscribed before thi 11 day of November, 2013 A.D. ublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission Expires Dec. 12, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES 10/27/13 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal National Mtg Assoc is the grantee the same having been sold to said grantee on the 12th day of March A.D., 2014, under and by virtue of a writ Execution issued on the 21st day of August, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 5085, at the suit of JPMorgan Chase Bk N A against Whitney E aka Whitney Ethan Waltz & Kristin R aka Kristin Rae Felix is duly recorded as Instrument Number 201414937. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this o day of u i(( , A.D. aoi )/) o . tom. '.o -y7 ( 0 / v , Recorder of Dbeds Recorder of Deeds, Cumberland County, cadisie, P* My Commission Expires the First Monday of Jan. 2018