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Home My WebLink About12-5499 ` , TA 1'; ~f>, ~`~2 SEP -5 ~M IQ: ~ ~ h~M~~#.AND COUNTY p~NNS YLYA NIq PHELAN HALLINAN & SCHMIEG, LLP Brian Yoder, Esq., Id. No.207412 1617 JFK Boulevard, 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 CIVIL DIVISION Plaintiff TERM No. ~a JOHN PEARSON DEBRA SHARPE CUMBERLAND COUNTY 203 VALLEY ROAD HARRISBURG, PA 17104-1431 Defendants riVii. ACTinN - I.AW ('nMPi.AiNT iN Mnj2T[~AGF. FnRF.C'I.nSI1RF. O Q~,1r•`~3•~~ File 297229 ? aa~~~'y t~~ aa~oaab 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 ~f you fail to do so, the case may proceed without you, and a judgment may be entered against yott 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 297229 T _ _ _ _ _ _ _ _ _ ~ _ . Pennsylvania Verification Ehna Hopic ,hereby states that he/she is Vice President of JPMor~an Chase Bank, N.A. the Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information, and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. a Hopic Vice President Date: 07/26/12 JPMorean Chase Bank, N.A Borrower: John Pearson and Debra Sharpe Property Address: 122 E COLUMBIA RD County: CUMBERLAND Last Four of Loan Number: 6460 no~n7/2^'2 ^R:?^ °AX 2'.5 563 3352 PFD i~0002/0006 J:PMORGAN CHASE BANK, NATIONAL ASSOCIATION Plairttiff JOHN PEARSON DEBRA SHARPS vat" t v Defendants su q y"> ~a ~ 3a? ao c.: NOTICE OF RESIDENTIAL MORTGAGE FORECL(~L~~]~ i DIVERSION PROGRAM You leave 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 acourt-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have an attorney, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at not chat•ge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you mustprovide the legal representative with all the requested financial information so tJtat a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal r~resentative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is schedules) you will have an opportunity. to meet with a representative of your lender in attempt to work out a reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. It you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you most provide your lawyer with all the t•equested financial irformation so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer canplete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, wltichmust be filed with the Court within sixty (60) days of the set•vice upon you of the foreclosure complaint, If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work our reasonable arrangements with your ]ender before the mortgage foreclosure suit proceeds fot•ward, 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: y/~~ ~ Date Signature of C ansel for Plaintiff T ~JP/07/20?_2 °AC 2'5 563 3352 ppr r_ 0003/0006 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date _ _ <:umberland County Court of Common Please Docket # I30RROWER REQUEST FOR HARDSHIP ASSISTANCE 7'o complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the followng information to the best of your knowledge: Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes No Listing date: Price: $ Realtor Name: Realtor Phone: Bon•ower 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 Rayments Amount: $ Included Taxes &lnsurance: Date of Last Payment: File u~ 297229 _ _ _ , _ r, r _ 09/07/2012 ~R;?' °AY 2?.S 593 3352 PFC 0004/0006 Primary Reason for Default: [s the loan in Bankruptcy? Yes ? No ? Tf yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Hone: $ $ Other Real Estate: $ $ Retirement Funds: $ Tnvestments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #l: Model: Year: Amount owed: Value: Automobile #2: Model: Yea?•: Amount owed: Value: Other transportation (automobiles boats motorcycles): Model: Year: Amount owed: Value Monthly hicomc Name of Employers: 1. 2. 3. Additional Income Description (not wages): l . 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 Pa merits Condo/I~iei h. Fees Auto Insurance Med. not covered Auto fuel/re airs Other ro a merit Install. Loan Pa merit Cable TV Child Su ort/Alim. S endin Mone Da /Child Care/Tuit. Other Ex rises Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Pile N: 297229 _ _ _ _ _ _ _ F r~ ~ _ _ po~Q7/2n' 2 nR ; ~'A~ 27.5 563 3352 PFC ~Qj 0005/0006 Have you be,~n working with a Housing Counseling Agency? `tes ? 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 lenderor lender's loan servicing company to resolve your delinquency? Yes ? No ? If yes, please indicate the status of those negotiations: Please provide the following information, if you know, regarding your lender or lenders loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: File k; 297229 _ _ OP/Q7/20' 2 3'. ~A~ 2'.5 563 3352 pFr ~T. r--- , _----~-T- x,0006/0006 l/We, ,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this page along with the following information to lender: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is cut•rently on the market) File 299229 r _ _ _ JPMORGAN CHASE BANK, NATIONAL ASSOCIATION . Plaintiff v. JOHN PEARSON DEBRA SHARPE Defendants p.,_ 1~ - S~F-%ivil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSUIRE 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 acourt-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have an attorney, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services~at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at not charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal represel~tative within twenty (20) days of the appointment date. During that meeting, you mustprovide the legal representative with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your l~gal representative complete a financial worksheet in the format attached hereto, the legal r~resentative will prepare ands file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled you will hav$ an opportunity to meet with a representative of your lender in attempt to work out a reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible fbr a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all the requested financial itformation so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the foh-mat attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, whichmust Abe 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 ati attempt to work our reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward, IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: ~2 _ ~ Date Signature of C unsel for Plaintiff _ _ _ a. Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Please Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your .Please provide the followng information to the best of your knowledge: Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ? No ? Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ? No ? Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email # of people in household: How long? 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: File 297229 _ F 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 #I: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Other transportation (automobiles. boats motorc cY lesl: Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort a e Food 2° Mort a e Utilities Car Pa merits Condo/Nei h. Fees Auto Insurance Med. not covered Auto fuel/re airs Other ro a merit Install. Loan Pa merit Cable TV Child Su ort/Alim. S endin Mone Da /Child Care/Tuft. Other Ex enses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: File k: 297229 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 lenderor lender's loan servicing company to resolve your delinquency? Yes ? No ? If yes, please indicate the status of those negotiations: Please provide the following information, if you know, regarding your lender or lender§ loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: File 297229 _ _ _ r r .f ~.--..,m. I/We, ,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this page along with the following information to lender: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) File 297229 U i HE PROTHONOTARY 171313MAY 15 P-M I. 2-1 CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff JPMORGAN CHASE BANK,NATIONAL ASSOCIATION Court of Common Pleas 1111 POLARIS PARKWAY COLUMBUS,OH 43240 Civil Division Plaintiff Term Vs No.2012-5499-Civil JOHN PEARSON Cumberland County DEBRA SHARPE 203 VALLEY ROAD HARRISBURG,PA 17104-1431 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 September 5, 2012, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants for their failure to make monthly payments of principal and interest upon his mortgage due January, 1, 2012 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 September 18, 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 Defendants. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof and marked as Exhibit B. 297229 3. 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. 4. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. 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. 6. Defendants failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendants has opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. 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: 9-113 BY: 6Y CJ se h P chalk, Esquire o ey for Plaintiff 297229 �' Exhibit A 297229 Qj �,. C,* m a cn — 0 PHELAN HALLINAN&SCHMIEG,LLP — Brian Yoder,Esq.,Id.No.207412 1617 JFK Boulevard,Suite 1400 ATTORNEY FOR PLAINTIFF'S 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 DIVISION Plaintiff TERM NO. JOHN PEARSON DEBRA SHARPE CUMBERLAND COUNTY 203 VALLEY ROAD HARRISBURG;PA 17104-1431 Defendants rMM AC'TinN_I.AW TVFPI HINT iN MnRTGAGF.F0RF.C'L0SIIRF. Ore .)Ice 'N Ples ( m eorr��t . 64�� the a Of ��40a re�rd Fite N. 297229 • ,� ..vmw... e'eelk,�'�.4£ ,.,.R Wy>.m - -�,,1.�"L�'�s�'`FzRl?u.. .. " .,`"re`rs-'��.'�'"�`'Fje - '` .. 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 will] 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 9: 297229 1. Plaintiff is JPMORGAN CHASE BANK,NATIONAL ASSOCIATION I l 11 POLARIS PARKWAY COLUMBUS, OH 43240 2. The name(s) and last known address(es) of the Defendant(s) are: JOHN PEARSON DEBRA SHARPE 203 VALLEY ROAD HARRISBURG, PA 17104-1431 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3.. On 05/31/2006 JOHN PEARSON and DEBRA SHARPE made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR SLM FINANCIAL CORPORATION which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1954, Page 18. By Assignment of Mortgage recorded 06/01/2012 the mortgage was assigned to JPMORGAN CHASE BANK, 1 NATIONAL ASSOCIATION which Assignment is recorded in Assigmnent of Mortgage Instrument No. 201216365.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. Information from the deed indicates that the street address for the mortgaged premises is now known as 122 Columbia Road, Enola, PA 17025-2403. 6._ The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/201.2 and each month thereafter are due and unpaid, and by the terms File#: 297229 f 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. 7: The following amounts are due on the mortgage as of 04/30/2012; Principal Balance $106,076.03 Interest $3,149.15 12/01/2011 through 04/30/2012 Late Charges $114.69 Property Inspections $28.00 Escrow Deficit $388,40 TOTAL $109,756.27 8., Plaintiff is nal 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. 9. 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. r File N: 297229 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $109,756.27, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs,and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN& SCHMIEG, LLP By: Brian Yode ;%squirc Attorney for Plaintiff ne N: 297229 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the Southern line of Columbia Road, 61.795 feet East from the Northeasterly extremity of an are or curve with a radius of 10 feet connecting the Eastern line of Wyoming Avenue with the Southern line of Columbia Road; thence along the Southern line of Columbia Road,North 75 degrees 03 minutes 30 seconds East, sixty-three and five-tenths (63.5) feet to a point; thence South 14 degrees 56 minutes 30 seconds East, through the center of the partition wall dividing properties known as No. 120 and No. 122 Columbia Road and beyond, one hundred fifty and three hundred forty one-thousandths (150.341) feet to a point;thence South 79 degrees 40 minutes West, sixty-three and seven hundred nineteen one-thousandths (63.719) feet to a point; thence North 14 degrees 56 minutes 30 seconds West, one hundred forty-five (145) feet, more or less, to a point, the place of BEGINNING. HAVING thereon erected the Western one-half of a two story frame dwelling known as No. 122 Columbia Road, Enola, Pennsylvania. BEING THE SAME PREMISES which Raymond L. Sisk, by Raymond L. Sisk, Jr. hisAttorney in Fact by Deed dated July 31, 2002 recorded August 1, 1002 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 252, page 4799, granted and conveyed unto Ronald E. Heckard, Grantor herein. f Pile N: 297229 BEING the same premises which RONALD E. HECKARD,by Deed May 31, 2006 and about to be recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, granted and conveyed unto JOHN PEARSON.AND DEBRA SHARPE, Mortgagors herein. PROPERTY ADDRESS: 122 EAST COLUMBIA ROAD, A/K/A/ 122 COLUMBIA ROAD, ENOLA, PA 17025-2403 PARCEL# 09-13-1002-301 �f }F �I �II File fit: 297229 s 1 Pennsylvania Verification Elma Hopic _ _ _, hereby states that he/she is Vice President of JPMorgan Chase Bank,N.A.the Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information, and belief. 1 understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~' A ma Hopic Vice President Date: 07/26/12 JPMorgan Chase Bank,N.A Borrower:John Pearson and Debra Sharpe Property Address: 122 E COLUMBIA RD County: CUMBERLAND Last Four of Loan Number:6460 Exhibit B. 297229 JP Morgan Chase Bank, NA IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, PERRY COUNTY BRANCH Versus John,Ryan Pearson No. 2012-5499 Cumberland Co. SHERIFF'S RETURN And now September 18 2012 : Served the within name John Ryan Pearson the defendant(s) named herin personally at his place of residence in Courthouse, 2 E. Main Street, New Bloomfield, Perry County, PA, on September 18, 2012 at 2:41 o'clock PM by handing to John Ryan Pearson, defendant 1 true and attested copy(ies) of the within Complaint in Mortgage Foreclosure and made known to him the contents thereof Sworn and subscribed to before me this 1 84 day of 6ap&� , c2 0 j2,,,, So answers Peel .- Sheri 11101perry County COMMONWEALTH OF PEN MLVANtA NOTARIAL SEAL MARGARET F.RJCVJNGER,Notary Public ewcmw aom.peffy County 1My0vm*s1en EVIm February 16,2018 1 4 TDD (510) 825-1860 FAX: (570) 825-1849 Luzerne County Sheriffs Department Luzerne County Courthouse 200 North River Street Wilkes-Barre, Pennsylvania 18711 (570) 825-1651 CUMBERLAND COUNTY 12-5499-CP4L JP MORGAN CHASE BANK NATIONAL VS STATE OF PENNSYLVANIA JOHN PEARSON,ET AL LUZERNE COUNTY, SS: GINO GURNARI , DEPUTY SHERIFF, for SHERIFF of said county, being duly sworn according to law, deposes and says, that on MONDAY the 17TH day of SEPTEMBER 2012 at 9.26 AM , prevailing time, he served the within NOTICE AND COMPLAINT IN M/F upon DEBRA SHARPE the within named, by handing to JOHN ARNSPERGER an adult member of the household,whose relationship to the within named is that of HER SON at HER RESIDENCE,55 SUSQUEHANNA STREET,WILKES-BARRE, in the County of Luzerne, State of Pennsylvania, a true and attested copy and making known the contents thereof. Sworn to and subscribed before me this 7 day of s� ds Zt) % Sheriff of Luzerne County Nat ry by COMMMWEALM of MNnisnvrNIA Deputy Sheriff of Luzerne County, Pennsylvania Notarial se:l Gary 1.Loughney,NOtn►y:Pubtic lenkUis Twp+,L awm Qunty My Comte Ebp es OCt 21,2014 Member.PennsvNanla ASSOCiddOn of Notaries Elf Shelley Ruhl .0c Jack Pui nan f Dcp� Real Est ale Deputy Chi 'y Matthew L. Owens Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania a JPMORGAN CHASE BANK,NATIONAL ASSOCIATION Vs :County of Dauphin DEBRA SHARPE Sheriffs Return No. 2012-T-2506 OTHER COUNTY NO. 2012-5499 1,Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania,do hereby certify and return,that I made diligent search and inquiry for DEBRA SHARPE the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, SEPTEMBER 20, 2012. ATTEMPTED SERVICE AT ADDRESS 203 VALLEY ROAD,HARRISBURG, PA 17104. RESIDENT JIM HILLEGASS CALLED AND STATED DEFENDANT DOES NOT RESIDE THERE AND HE DOES NOT KNOW WHO THE DEFENDANT IS. Sworn and subscribed to So Answers, before me this 21ST day of September, 2012 ?l Sheriff of T4uphin CotktyJa. B- COMMONWEALTH OF PENNSYLVANIA Deputy Sheriff NOTARIAL SEAL Karen M.Hoffman,Notary Public Deputy: WILLIAM T SNYDER City of HArTisburg,Dauphin County Sheriffs Costs: $79.7.5 9/12/2012 My Commission Expires August 17,2014 mtfir'g of r Shelle Ruh] Jack ui gn an Real E.tx Depuy V Chtef Matthew L. Owens Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania JPMORGAN CHASE BANK,NATIONAL ASSOCIATION VS County of Dauphin DEBRA SHARPE Sheriffs Return No. 2012-T-2506 OTHER COUNTY NO. 2012-5499 1,Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return,that I made diligent search and inquiry for JOHN RYAN PEARSON the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, SEPTEMBER 19, 2012. PROPERTY AT ADDRESS 2050 SUSQUEHANNA STREET,HARRISBURG, PA 17102 IS VACANT. Sworn and subscribed to So Answers, before me this 21 ST day of September,2012 ? � Sher of uphin Co7/ty, P By 4 COMMONWEALTH OF PENNSYLVANIA De ty Sheriff NOTARIAL SEAL De "y J AVILES Karen M.Hoffman,Notary Public City of Harrisburg,Dauphin County Sheriffs Costs: $79.75 9/1212012 My Commission Expires August 17,2014 C . r of tke c*1terrif Shelley Ruhl Jack Duignan Real Esta a Deputy Chief Deputy Matthew L. Owens • Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780.6590 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania JPMORGAN CHASE BANK,NATIONAL ASSOCIATION VS County of Dauphin DEBRA SHARPE Sheriff s Return No. 2012-T-2506 OTHER COUNTY NO. 2012-5499 I,Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return,that I made diligent search and inquiry for JOHN RYAN PEARSON the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin,and therefore return same NOT FOUND, SEPTEMBER 20, 2012. ATTEMPTED SERVICE AT ADDRESS 203 VALLEY ROAD,HARRISBURG, PA 17104. RESIDENT JIM HILLEGASS CALLED AND STATED DEFENDANT DOES NOT RESIDE THERE AND HE DOES NOT KNOW WHO THE DEFENDANT IS. Sworn and subscribed to So Answers, before me this 21ST day of September,2012 j Sheriff of auphin Co a. 1� By COMMONWEALTH OF PENNSYLVANIA Deputy neriff NOTARIAL SEAL Deputy: WILLIAM T SNYDER Karen M..Hoffman,Notary Public City of Harrisburg,Dauphin County Sheriffs Costs: $79.75 9/12/2012 My Commission Ex ires Au ust 17 2014 PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION 1111 POLARIS PARKWAY Civil Division COLUMBUS,OH 43240 Tenn Plaintiff No.2012-5499-Civil Vs Cumberland County JOHN PEARSON DEBRA SHARPE 203 VALLEY ROAD HARRISBURG,PA 17104-1431 Defendants CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: JOHN PEARSON DEBRA SHARPE 203 VALLEY ROAD HARRISBURG,PA 17104-1431 Date: 5 1 B _ eph . Schalk, Esquire A bmey for Plaintiff 297229 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL ASSOCIATION Court of Common Pleas 1111 POLARIS PARKWAY COLUMBUS,OH 43240 Civil Division Plaintiff Term Vs No.2012-5499-Civil JOHN PEARSON Cumberland County DEBRA SHARPE 203 VALLEY ROAD HARRISBURG,PA 17104-1431 Defendants ORDER AND NOW,this ' day of lkij y , 2013, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. BY THE COURT: J. r" rn r":z al C? ' "ICJ r, C'.) 3w 297229 CC : John Pearson Debra Sharpe 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 JOHN PEARSON DEBRA SHARPE 203 VALLEY ROAD HARRISBURG,PA 17104-1431 Ca f-Cs 297229 1_ 4 1 . 5 -; (' d1SLFi°;V'��5.�1 PHELAN HALLINAN, LLP 8 3 , j Ekl 1 �i 10 I Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 +;UMP R5 a Q NT, PENNSYLVANIA One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, : CUMBERLAND COUNTY NATIONAL ASSOCIATION : COURT OF COMMON PLEAS vs. : CIVIL DIVISION JOHN PEARSON DEBRA SHARPE : No. 12-5499-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JOHN PEARSON and DEBRA SHARPE, 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 $109,756.27 TOTAL $109,756.27 I hereby certify that (1) the Defendants' last known addresses are 122 EAST COLUMBIA ROAD, A/K/A/ 122 COLUMBIA ROAD, ENOLA, PA 17025-2403, 151 NORTH 2ND STREET, NEWPORT, PA 17074, and 55 SUSQUEHANNA STREET, WILKES BARRE, PA 18702, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date 6/ Z 61/ YA9 - Adam H. Davis, Esq., Id. No.203034 Attorney for P .ntiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 1i f PHS#297229 PROTHONOTARY - ctlytl- atizi 9 Ck#/?2a3vc( 7-11- agaya�- 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 215-563-7000 JPMORGAN CHASE BANK, : CUMBERLAND COUNTY NATIONAL ASSOCIATION : COURT OF COMMON PLEAS vs. : CIVIL DIVISION JOHN PEARSON : No. 12-5499-CIVIL DEBRA SHARPE 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 JOHN PEARSON is over 18 years of age and has last known addresses at 122 EAST COLUMBIA ROAD, A/K/A/ 122 COLUMBIA ROAD, ENOLA, PA 17025-2403 and 151 NORTH 2ND STREET, NEWPORT, PA 17074. (c) that defendant DEBRA SHARPE is over 18 years of age and has last known addresses at 122 EAST COLUMBIA ROAD, A/K/A/ 122 COLUMBIA ROAD, ENOLA, PA 17025-2403 and 55 SUSQUEHANNA STREET, WILKES BARRE, PA 18702. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date ‘72.6 //13 i °t."'�' 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 297229 Department of Defense Manpower Data Center Results as of:Jun-26-201312:16:48 SCRA 3.0 Status eport • F Pursuant to Sorvicernembers Civil Rif Act Last Name: SHARPE First Name: DEBRA Middle Name: Active Duty Status As Of: Jun-26-2013 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 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 DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. � h 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 ot:Jun-26-201312:16:46 SCRA 3.0 1; Status Report a , . _ Pursuant to Servicern rnbers Civil Relief Act Last Name: PEARSON First Name: JOHN Middle Name: Active Duty Status As Of: Jun-26-2013 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 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 earty 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 (Rule of Civil Procedure No. 236) - Revised JPMORGAN CHASE BANK,NATIONAL : CUMBERLAND COUNTY ASSOCIATION : COURT OF COMMON PLEAS vs. JOHN PEARSON : CIVIL DIVISION DEBRA SHARPE : No. 12-5499-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on 1 I ??, k,40,,,,-P-14' By: 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 BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 297229 JPMORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS ASSOCIATION CIVIL DIVISION Plaintiff v. NO. 12-5499-CIVIL JOHN PEARSON DEBRA SHARPE CUMBERLAND COUNTY Defendant(s) TO: DEBRA SHARPE 55 SUSQUEHANNA STREET WILKES BARRE,PA 187 2 DATE OF NOTICE: (' t t 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 By: i 4r#. J athan Lobh,Esq.,Id.No.3121.74 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#297229 JPMORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS ASSOCIATION CIVIL DIVISION Plaintiff v. NO. 12-5499-CIVIL JOHN PEARSON DEBRA SHARPE CUMBERLAND COUNTY Defendant(s) TO: DEBRA SHARPE 122 EAST COLUMBIA ROAD,A/K/A/ 122 COLUMBIA ROAD ENOLA,PA 17025-2403 DATE OF NOTICE: & 13 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 DA l E 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 7 By: _ A,. JO./than Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#297229 JPMORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS ASSOCIATION CIVIL DIVISION Plaintiff v. NO. 12-5499-CIVIL JOHN PEARSON DEBRA SHARPE CUMBERLAND COUNTY Defendant(s) TO: JOHN PEARSON 151 NORTH 2ND STREET NEWPORT,PA 17074 DATE OF NOTICE: / I L 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 By: �i J Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#297229 JPMORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS ASSOCIATION CIVIL DIVISION Plaintiff v. NO. 12-5499-CIVIL JOHN PEARSON DEBRA SHARPE CUMBERLAND COUNTY Defendant(s) TO: JOHN PEARSON 122 EAST COLUMBIA ROAD,A/K/A/122 COLUMBIA ROAD ENOLA,PA 17025-2403 DATE OF NOTICE: [ I(l!!7 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 eqr By: W JNathan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#297229 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. NO.: 12-5499-CIVIL JOHN PEARSON DEBRA SHARPE • Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $109,756.27 Interest from 06/29/2013 to Date of Sale $2,868.36 ($18.04 per diem) TOTAL $112,624.63 Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Note: Please attach description of property. PHS#297229 attAta?- 6r1 -• 611("1 ct3 ) 1p1 .0 CJ? y r\> /03 7S " " n ti= A " blff gts:)-5 a. as a sv L- a Ib# / 3aa3vs 4_)q Dtta3 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro,County of Cumberland and State of Pennsylvania,bounded and described as follows,to wit: BEGINNING at a point in the Southern line of Columbia Road, 61.795 feet East from the Northeasterly extremity of an arc or curve with a radius of 10 feet connecting the Eastern line of Wyoming Avenue with the Southern line of Columbia Road;thence along the Southern line of Columbia Road,North 75 degrees 03 minutes 30 seconds East, sixty-three and five-tenths(63.5)feet to a point;thence South 14 degrees 56 minutes 30 seconds East,through the center of the partition wall dividing properties known as No. 120 and No. 122 Columbia Road and beyond,one hundred fifty and three hundred forty one-thousandths(150.341) feet to a point;thence South 79 degrees 40 minutes West, sixty-three and seven hundred nineteen one- thousandths(63.719)feet to a point;thence North 14 degrees 56 minutes 30 seconds West,one hundred forty-five(145)feet,more or less,to a point,the place of BEGINNING. HAVING thereon erected the Western one-half of a two story frame dwelling. TITLE TO SAID PREMISES IS VESTED IN John Pearson, single man and Debra Sharpe, single woman, as joint tenants with right of survivorship, by Deed from Ronald E. Heckard, single man, dated 05/31/2006, recorded 06/08/2006 in Book 275, Page 135. PREMISES BEING: 122 EAST COLUMBIA ROAD,A/K/A/122 COLUMBIA ROAD,ENOLA,PA 17025-2403 PARCEL NO.09-13-1002-301 PHELAN HALLINAN, LLP '` } ' Attorneys for Plaintiff Adam H. Davis, Esq., Id. No.203034 0 1617 JFK Boulevard, Suite 1400 ;,i 3 jut,: 23 AND 36 One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND COUNTY 215-563-7000 PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL ASSOCIATION : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION v. : NO.: 12-5499-CIVIL JOHN PEARSON DEBRA SHARPE 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: I' �44A^?/^ Phelan Hallinan,LLP Adam H. Davis,Esq.,Id.No.203034 Attorney for Plaintiff JPMORGAN CHASE BANK, NATIONAL COURT OF COMMON PLEAS • ASSOCIATION Plaintiff CIVIL DIVISION • • v. ▪ NO.: 12-5499-CIVIL • • • JOHN PEARSON DEBRA SHARPE ▪ CUMBERLAND COUNTY 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 122 EAST COLUMBIA ROAD,A/K/A/122 COLUMBIA ROAD,ENOLA,PA 17025-2403. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) JOHN PEARSON 151 NORTH 2ND STREET NEWPORT,PA 17074 -ri'>. t_ DEBRA SHARPE 55 SUSQUEHANNA STREET WILKES BARRE,PA 18702 - ... ( •r N r_a 2. Name and address of Defendant(s)in the judgment: —C . Name Address(if address cannot be reasonably °y. ascertained,please so indicate) r'Cp JOHN PEARSON 151 NORTH 2ND STREET tt ' NEWPORT,PA 17074 DEBRA SHARPE 55 SUSQUEHANNA STREET WILKES BARRE,PA 18702 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) CUMBERLAND COUNTY ADULT 1 COURTHOUSE SQ PROBATION CARLISLE,PA 17013-3387 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT 280948 DEPARTMENT OF REVENUE BUREAU OF HARRISBURG,PA 17128-0948 COMPLIANCE COMMONWEALTH OF PENNSYLVANIA P.O.BOX 280946 DEPARTMENT OF REVENUE BUREAU OF HARRISBURG,PA 17128 COMPLIANCE 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained, please indicate) None. PHS #297229 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 122 EAST COLUMBIA ROAD A/K/A/122 COLUMBIA ROAD ENOLA,PA 17025-2403 COMMONWEALTH OF PENNSYLVANIA, 6TH FLOOR,STRAWBERRY SQ.,DEPT 280601 BUREAU OF INDIVIDUAL TAX, HARRISBURG,PA 17128 INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I 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: 6/2‘/A3 By: 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 PHS #297229 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs. : NO.: 12-5499-CIVIL JOHN PEARSON DEBRA SHARPE : CUMBERLAND COUNTY Defendant(s) : ' NOTICE OF SHERIFF'S SALE OF REAL PROPERTY :rL Tom-- w ; cn _<„,7; TO: DEBRA SHARPE JOHN PEARSON —: 55 SUSQUEHANNA STREET 151 NORTH 2ND STREET G, - c= ,- WILKES BARRE,PA 18702 NEWPORT, PA 17074 **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 122 EAST COLUMBIA ROAD,A/K/A/122 COLUMBIA ROAD,ENOLA, PA 17025-2403 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$109,756.27 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 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. • 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 • SHORT DESCRIPTION By virtue of a Writ of Execution No. 12-5499-CIVIL JPMORGAN CHASE BANK,NATIONAL ASSOCIATION v. JOHN PEARSON DEBRA SHARPE owner(s) of property situate in EAST PENNSBORO TOWNSHIP, CUMBERLAND County, Pennsylvania, being 122 EAST COLUMBIA ROAD,A/K/A/122 COLUMBIA ROAD,ENOLA, PA 17025-2403 Parcel No. 09-13-1002-301 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $109,756.27 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro,County of Cumberland and State of Pennsylvania,bounded and described as follows,to wit: BEGINNING at a point in the Southern line of Columbia Road,61.795 feet East from the Northeasterly extremity of an arc or curve with a radius of 10 feet connecting the Eastern line of Wyoming Avenue with the Southern line of Columbia Road;thence along the Southern line of Columbia Road,North 75 degrees 03 minutes 30 seconds East,sixty-three and five-tenths(63.5)feet to a point;thence South 14 degrees 56 minutes 30 seconds East,through the center of the partition wall dividing properties known as No. 120 and No. 122 Columbia Road and beyond,one hundred fifty and three hundred forty one-thousandths(150.341) feet to a point;thence South 79 degrees 40 minutes West, sixty-three and seven hundred nineteen one- thousandths(63.719)feet to a point;thence North 14 degrees 56 minutes 30 seconds West,one hundred forty-five(145)feet,more or less,to a point,the place of BEGINNING. HAVING thereon erected the Western one-half of a two story frame dwelling. TITLE TO SAID PREMISES IS VESTED IN John Pearson, single man and Debra Sharpe, single woman, as joint tenants with right of survivorship, by Deed from Ronald E. Heckard, single man, dated 05/31/2006, recorded 06/08/2006 in Book 275, Page 135. PREMISES BEING: 122 EAST COLUMBIA ROAD,A/K/A/122 COLUMBIA ROAD,ENOLA,PA 17025-2403 PARCEL NO.09-13-1002-301 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-5499 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 JOHN PEARSON,DEBRA SHARPE (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: $109,756.27 L.L,: $.50 Interest FROM 6/29/2013 TO DATE OF SALE($18.04 PER DIEM)-$2,868.36 Atty's Comm: Due Prothy: $2.25 Atty Paid: $315.75 Other Costs: Plaintiff Paid: Date: 6/27/13 David D'Buell,Prot snot. (Seal) By: w ij Of at ... 4 b.��• Deputy REQUESTING PARTY: Name: ADAM H. DAVIS,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BLVD.,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone:215-563-7000 Supreme Court ID No. 203034 AFFIDAVIT OF SERVICE(FHLMC) PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK,NATIONAL ASSOCIATION AS ATTORNEY IN FACT FOR THE FEDERAL DESPOSIT PH#790991 INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK FA SUCCESSOR BY MERGER TO BANK UNITED DEFENDANT SERVICE TEAM/lxh C-) JOHN PEARSON COURT NO.:12-5499-CIVIL C= DEBRA SHARPE SERVE DEBRA SHARPE AT: TYPE OF ACTION ;r ; S5 SUSQUEHANNA STREET XX Mortgage Foreclosure WILKES BARRE,PA 18702 XX Civil Action cl) C) SERVED Served and made known to DEBRA SHARPE,Defendant on the eO day of A,—/ Y 20 at C=> o'clock�O M.,at SS-ryJ Q v 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 65- HeightX'-' Weight 10S Race W Sex -- Other 1, Al-EVA4ve ,X ,a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S. Sec.4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME: TITLE: l6wee-eF41 NOT SERVED On the day of 20 ,at o'clock_.M.,1, a competent adult hereby state that-t-T57eendant NOT FOUND eca-u—se: Vacant —Does Not Exist Moved —Does Not Reside(Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 C:- 1EIt Pr(CTHDNOTA"; Phelan Hallinan, LLP Jonathan Lobb, Es Id. No.312174 20 t 3 ' Esq., OCT ACT -1� � } (0ARORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza CUMBERLAND COUNTY PENNSYLVANIA Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, NATIONAL • Court of Common Pleas • ASSOCIATION Plaintiff : Civil Division • v. • CUMBERLAND County • JOHN PEARSON : No.: 12-5499-CIVIL • DEBRA SHARPE 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 September 5, 2012. 2. Judgment was entered on June 27, 2013 in the amount of$109,756.27. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint,i.e. bringing the interest current. However,new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 4, 2013. 790991 5. Additional sums have been incurred or expended on Defendants'behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $106,076.03 Interest Through December 4, 2013 $15,198.75 Late Charges $114.69 Legal fees $2,300.00 Cost of Suit and Title $1,396.50 Property Inspections $252.00 Property Preservation $1,010.00 Mortgage Insurance Premium to be paid $363.16 Escrow Deficit $6,052.11 TOTAL $132,763.24 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on September 24, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit"B". 10. 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 May 16, 2013 . 790991 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: /a / /4_? By: onathan Lobb, Esquire ATTORNEY FOR PLAINTIFF 790991 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 • v. • CUMBERLAND County • JOHN PEARSON • No.: 12-5499-CIVIL DEBRA SHARPE Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE JOHN PEARSON and DEBRA SHARPE 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 122 EAST COLUMBIA ROAD, A/K/A/ 122 COLUMBIA ROAD, ENOLA, PA 17025-2403. 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 cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 790991 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). 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 790991 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 Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 790991 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, 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. 790991 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. 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 790991 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 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. 790991 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become 790991 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: `Q /3 J43 By: nathan Lobb, Esquire Attorney for Plaintiff 790991 • Exhibit "A" 790991 ; + OFr li;:07 OF T��E PR0TN0N0 `� PHELAN HALLINAN,LLP 20 13 JUN 27 AK l A 3 4 Attorney for Plaintiff Adam H.Davis,Esq.,Id. No.2030340�M0ERLAND COUNTY 1617 JFK Boulevard,Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 JPMORGAN CHASE BANK, : CUMBERLAND COUNTY NATIONAL ASSOCIATION : COURT OF COMMON PLEAS vs. : CIVIL DIVISION JOHN PEARSON DEBRA SHARPE Attorney R10 Copy. 12-5499-CIVIL Please atom .4 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 JOHN PEARSON and DEBRA SHARPE,Defendant(s)for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and forAeornerpnet04 of the mortgaged premises,and assess Plaintiff's damages as follows: Please Rem As set forth in Complaint $109,756.27 TOTAL $109,756.27 I hereby certify that(1)the Defendants'last known addresses are 122 EAST COLUMBIA ROAD,A/K/A/ 122 COLUMBIA ROAD, ENOLA,PA 17025-2403, 151 NORTH 2ND STREET,NEWPORT,PA 17074, and 55 SUSQUEHANNA STREET,WILKES BARRE, PA 18702,and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date 6/i‘// 7 ..�,.. Adam H. Davis,Esq.,Id.No.203034 Attorney for Plaintiff DAMAGES ARE HEREBY A`� I LI ; 1,ter „• :� � "�� ATED. DATE: I 9-/1I 3 ., PHS#297229 PROTHONOTARY 297229 Exhibit "B" 790991 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 September 24,2013 JOHN PEARSON DEBRA SHARPE 203 VALLEY ROAD HARRISBURG,PA 17104-1431 RE: JPMORGAN CHASE BANK,NATIONAL ASSOCIATION v. JOHN PEARSON and DEBRA SHARPE Premises Address: 122 EAST COLUMBIA ROADA/K/A/ 122 COLUMBIA ROAD ENOLA,PA 17025 CUMBERLAND County CCP,No. 12-5499-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 9/30/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yo rs, Jonathan Lobby Esq.,Id.No.312174 Attorney for Plaintiff Enclosure 790991 MN ; a S IName and Phelan Hallman,LLP �, 7 ,. Address 1617 JFK Boulevard Suite 1400 it?iir: Of Sender bite Penn Center'Plaza Phi1adelpbIa,PA 19103 KVM - j Line Article Number Name of.Add Street,and 'oat Office Address Pos a °ut tag 1 m n >t 1 a*>r•. . JOHN PEABSON 50.45 '9:-- DEBRA SHARPE r, 20A VALLEY ROAD , vin HARRISBURG,PA 171041431 o 2 •*rt JOHN PEARSON S0.45 oraor DEBRA SHARP.E , 122 Br►ST COLOMBIA ROAD 44' ,k . A/K/A/122 COLUMBIA ROAD '''..1A'.'- J ENOLA,PA 17025-?403 "''µ*"v� ' 3 **** JOHN PEARSON . ' .. 50.45. ' r� k 2050 SUSQUEHANNA STREET �..•' HARRISUURGk,PA 17102 4 +«a• JOH 50.45 NPEA''a 5' 151 NORTH 2ND S I REST NEWPORT,PA 17074 i 4 W '.a` DEBRA SHARPS SO 4�r' —tip` r i 55 SUSQUEHANNA STREET. : W1LKKE&BARRE,PA.l8702. 1 `�� r' k-=' RE:JOHN PEARSON(CLIMBS• : ND) PH N 790991/1200 Page 1 of I $2.25 Ir Total Number of —Taal Number of Pieces Postmaster.. ..(Num of - ?befall c'reaw&of value ts mgdre4 oa ati doraemic and IntaiWHm47l mastered tnu7.TM maxnaum i timaniks payabk FRS's tauodby Seaf6er Reegval n tint Oltica ,RAyfvigy',....,._l mike rcscuutrueusm of �Y docum®ti nndu Express Matt docmneei rccwntrppkn transact is SSO,IXq pa plow subject to a lima of hhOQ pet occmrcaco.'fl maximum mdaaauy payable at Express Mal metchaadise is 2509, TM metnnoinatasksarity payasIcu223,003 for asistucd mail,srni tr,'h ovt ky+.$nvxao•c S.,QomtNrc Mail-MOW! -�_ R900 S913 and 5921 for liroasoom covets Mail -MOW! 3877 Fataimile r • ... • T; :inns. 4. 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 v. • CUMBERLAND County JOHN PEARSON : No.: 12-5499-CIVIL DEBRA SHARPE 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. JOHN PEARSON JOHN PEARSON DEBRA SHARPE DEBRA SHARPE 203 VALLEY ROAD 122 EAST COLUMBIA ROAD HARRISBURG, PA 17104-1431 A/K/A/ 122 COLUMBIA ROAD ENOLA,PA 17025-2403 JOHN PEARSON 2050 SUSQUEHANNA STREET JOHN PEARSON HARRISBURG, PA 17102 151 NORTH 2ND STREET NEWPORT,PA 17074 DEBRA SHARPE 55 SUSQUEHANNA STREET WILKES BARRE,PA 18702 Phelan Hallinan,LLP DATE: /0 /34,3 By: r '` J;. athan Lobb, Esquire ATTORNEY FOR PLAINTIFF 790991 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 JOHN PEARSON : No.: 12-5499-CIVIL DEBRA SHARPE • Defendants RULE AND NOW,this '3 ' day of Ov'o b-.i 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 T COURT J. -0 a c - m C ) wC L0 C. • mac~ C.J 790991 Jonathan Lobb, Esq.,Id.No.312174 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 AHN PEARSONHN PEARSON DEBRA SHARPE DEBRA SHARPE 203 VALLEY ROAD 122 EAST COLUMBIA ROAD HARRISBURG, PA 17104-1431 A/K/A/ 122 COLUMBIA ROAD ENOLA, PA 17025-2403 �OHN PEARSON 2050 SUSQUEHANNA STREET JOHN PEARSON HARRISBURG, PA 17102 151 NORTH 2ND STREET NEWPORT, PA 17074 /ISEBRA SHARPE 55 SUSQUEHANNA STREET WILKES BARRE,PA 18702 � t lgcL 790991 /0/9/l3 --1-111t( 790991 i 2013 OCT 21 A1110: 10 ' UMCERE wH0 COUNTY PENNSYLVANIA Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman @phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL • Court of Common Pleas ASSOCIATION AS ATTORNEY IN FACT FOR THE FEDERAL DESPOSIT INSURANCE • Civil Division CORPORATION AS RECEIVER OF • WASHINGTON MUTUAL BANK F/K/A • CUMBERLAND County WASHINGTON MUTUAL BANK FA • SUCCESSOR BY MERGER TO BANK UNITED • No.: 12-5499-CIVIL Plaintiff • vs. JOHN PEARSON DEBRA SHARPE Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 9, 2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. JOHN PEARSON JOHN PEARSON DEBRA SHARPE DEBRA SHARPE 203 VALLEY ROAD 122 EAST COLUMBIA ROAD HARRISBURG, PA 17104-1431 A/K/A/ 122 COLUMBIA ROAD ENOLA, PA 17025-2403 790991 JOHN PEARSON 2050 SUSQUEHANNA STREET JOHN PEARSON HARRISBURG, PA 17102 151 NORTH 2ND STREET NEWPORT, PA 17074 DEBRA SHARPE 55 SUSQUEHANNA STREET WILKES BARRE, PA 18702 Phela .al • an ' DATE: I By: Ale. .VIII lis� �y�. , Esq., Id.No.309519 Attorn- . '3'intiff 790991 AFFIDAVIT OF SERVICE(FI1LMC) PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK,NATIONAL ASSOCIATION AS ATTORNEY IN FACT FOR THE FEDERAL DESPOSIT PH#790991 INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL.BANK FA SUCCESSOR BY MERGER TO BANK UNITED C DEFENDANT SERVICE TEAM/Ixh r-? .JOHN PEARSON COURT NO.:12-5499-CIVIL DEBRA SHARPE 't3 © tit SERVE DEBRA SHARPE AT: TYPE OF ACTION 'k 55 SUSQUEHANNA STREET XX Mortgage Foreclosure �T' a 6 WILKES BARRE,PA 18702 XX Civil Action s 1 , Tom' O fi SERVED 7 C) r� ( 1 Z o Served and made known to DEBRA SHARPE,Defendant on the Zo day of AZ Y ,20/ at G l-'00 ,oclock,A M.,at SS.fr✓J uEf✓ANNA.IT.,in the manner described below: XX Defendant personally served. •C 1 _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 S Heights-.3 Weight 10S_Race W Sex --- Other.,ff-4&,oV10/A//1/TC I, Aley'Y'46'ER. ,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: 20/_3 NAME: Qca PRINTED NAME: �O4�iV//✓E�/�. /E�-- TITLE: 11-212 0 e NOTSERVED On the dav of 20 at o'clock_.M.,I, a competent adult hereby state thalt-Mendant IT fiecause: _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 unworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 i : HUN()i;;a A F+' 1 37(1 / _� L13r 3 tIi: I7 'a�J BERL,�";� D CDU c" PENNSYLVANIA Phelan Hallinan, LLP Zachary Jones, Esq., Id. No.310721 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Zachary.Jones@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL • Court of Common Pleas ASSOCIATION AS ATTORNEY IN FACT FOR • THE FEDERAL DESPOSIT INSURANCE • Civil Division CORPORATION AS RECEIVER OF • WASHINGTON MUTUAL BANK F/K/A • CUMBERLAND County WASHINGTON MUTUAL BANK FA • SUCCESSOR BY MERGER TO BANK UNITED : No.: 12-5499-CIVIL Plaintiff • vs. JOHN PEARSON DEBRA SHARPE Defendants MOTION TO MAKE RULE ABSOLUTE JPMORGAN CHASE BANK,NATIONAL ASSOCIATION AS ATTORNEY IN FACT FOR THE FEDERAL DESPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK FA SUCCESSOR BY MERGER TO BANK UNITED, 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: 790991 1. A Motion to Reassess Damages was filed with the Court on October 4, 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 September 24, 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) are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued on October 9, 2013 directing the Defendants to show cause by October 29, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on October 18, 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 October 29, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. I Phelan Hal ;n. _LP DATE: 1 By: Zac e•, Esq., Id.No.310721 A e; fo• 'laintiff 790991 . . Exhibit "A" 790991 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 September 24,2013 JOHN PEARSON DEBRA SHARPE 203 VALLEY ROAD HARRISBURG, PA 17104-1431 RE: JPMORGAN CHASE BANK,NATIONAL ASSOCIATION v. JOHN PEARSON and DEBRA SHARPE Premises Address: 122 EAST COLUMBIA ROADA/K/A/ 122 COLUMBIA ROAD ENOLA,PA 17025 CUMBERLAND County CCP,No. 12-5499-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 9/30/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yo;;rs, Jonathan Lobb:Esq., Id.No.312174 Attorney for Plaintiff Enclosure 790991 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 JOHN PEARSON No.: 12-5499-CIVIL DEBRA SHARPE Defendants RULE AND NOW,this_.. day of �..,,.,._2013, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court,Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT m (.) N 7 trt rr: C) r J z 1--""'_ C.; ..,0 );'` 790991 . . Exhibit "B" 790991 • • Fi:EO-Or F;(..,-- . THE PROTHONOTAR r 2013 OCT 2 1 AM 10: 1 0 CUMBERLAND COUNTY PENNSYLVANIA AttorneV 1ilC COPS Please Mere Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id.No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL • Court of Common Pleas ASSOCIATION AS ATTORNEY IN FACT FOR : THE FEDERAL DESPOSIT INSURANCE Civil Division CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/KJA • CUMBERLAND County WASHINGTON MUTUAL BANK FA SUCCESSOR BY MERGER TO BANK UNITED nv No.: 12-5499-CIVIL Plaintiff vs. tile;v1r, JOHN PEARSON DEBRA SHARPE Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy offl*,Cliort's.{1etober 9, 2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. JOHN PEARSON JOHN PEARSON DEBRA SHARPE DEBRA SHARPE 203 VALLEY ROAD 122 EAST COLUMBIA ROAD HARRISBURG,PA 17104-1431 A/K/A/ 122 COLUMBIA ROAD ENOLA,PA 17025-2403 790991 JOHN PEARSON 2050 SUSQUEHANNA STREET JOHN PEARSON HARRISBURG, PA 17102 151 NORTH 2ND STREET NEWPORT,PA 17074 DEBRA SHARPE 55 SUSQUEHANNA STREET WILKES BARRE,PA 18702 Attorney rile vopy Please Return PheI IJi*„.1 , (.4 160) DATE: BY:.� ( /)�A`llis�n P.due tg'n,Esq.,Id.No.309519 Attorn y AinqiIT ey file Cop, Please Return 790991 Phelan Hallinan, LLP Zachary Jones, Esq., Id. No.310721 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Zachary.Jones@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL • Court of Common Pleas • ASSOCIATION AS ATTORNEY IN FACT FOR THE FEDERAL DESPOSIT INSURANCE • Civil Division • CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A • CUMBERLAND County • WASHINGTON MUTUAL BANK FA SUCCESSOR BY MERGER TO BANK UNITED • No.: 12-5499-CIVIL • Plaintiff vs. JOHN PEARSON DEBRA SHARPE 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. JOHN PEARSON JOHN PEARSON DEBRA SHARPE DEBRA SHARPE 203 VALLEY ROAD 122 EAST COLUMBIA ROAD HARRISBURG, PA 17104-1431 A/K/A/ 122 COLUMBIA ROAD ENOLA, PA 17025-2403 790991 JOHN PEARSON 2050 SUSQUEHANNA STREET JOHN PEARSON HARRISBURG, PA 17102 151 NORTH 2ND STREET NEWPORT, PA 17074 DEBRA SHARPE 55 SUSQUEHANNA STREET WILKES BARRE, PA 18702 Phelan . li LP DATE: By: /AO Za " • , Esq., Id.No.310721 o , • •r Plaintiff 790991 PHELAN HALLINAN,LLP Attorney for Plaintiff John Michael Kolesnik,Esq.,Id.No.308877 c; 1617 JFK Boulevard, Suite 1400 cm) , One Penn Center Plaza Philadelphia,PA 19103 p p t�k� John.Kolesnik @phelanhallinan.com w t'a :,S t'" 215-563-7000 J) � q IN THE COURT OF COMMON PLEAS s`: OF CUMBERLAND COUNTY,PENNSYLVANIA `�- JPMORGAN CHASE BANK,NATIONAL : CUMBERLAND COUNTY rc ASSOCIATION • Plaintiff, COURT OF COMMON PLEAS • v. CIVIL DIVISION JOHN PEARSON No.: 12-5499-CIVIL DEBRA SHARPE • 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 here-s ,.•' "A". John, hael Kolesnik,Esq.,Id.No.308877 Date: 0,-2 An,A • ney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. • PH#790991 A ✓1 • Tl i o •c O t6f on - 0' tsn A ' to !M 0 Z. fa 11 G 2 w i Q. 'A g iP 0. 0 * * N a * • * * * M CO n • • s a * w •• * • i Vi d Y n t•. re t x8D,zicc/sti-=:,,cogz,-,2t:= "00-0 .10 :00xiDont=1.1-4-4z -co --6-v k ..r. gitss. a.gragg,aurc;r-sig gi owillic'til .g."77,;" ,--jt- is t.tty,,.3 ro4' gd .o. ;.0 Paco�o i ozc o az;!-na "�g . '"E, {� "D A` N t€sn o ..-5 �Vj,So )-• � r V as ..e/p A O W = F I tae !''G a pro° �¢ Awa o,q C)y p YQ 0.e-2 3'.„' n a g. v '+ ^ e A p ►..n c a r. C" *i a.+Spo'�. r' C a' D .. w II s� i:q y nf' 9I P Ii ! t — H, 1 5 n a' = ft " Pt .51 Ve to i 4-4 C yy40. 1.1 .,t o LI 11 a' I ''' r g �yG � 8 I 1 . 1 . tg .0 V i A " � u` . �' > • "_ ,mss c i V .;- tsa 3 Az i11Lf ! y. b t'.a I , a O • s3g � o aRa0 x a £ ai.s n im S3' n a - a 42 K 3 &•c11 - to H fA O O O O C O O C' O �j 2 PA c v , . tJt ' tto frt tts. VVIi VI U N VI `W 1 W +'� •3 g'1A O ``ti0'4 ......g . ...,"..,,, .,,,,„ 0,;„-...64- ,........ —g „ ZIP 1 103 �' 0T0525.8200103 02 1W ---- ` 00013811910G T H P')0'11-1'10' ~� r, c 13 NOV 14 AM j 1: 5'v CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION AS ATTORNEY IN FACT FOR THE FEDERAL DESPOSIT INSURANCE Civil Division CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A CUMBERLAND County WASHINGTON MUTUAL BANK FA SUCCESSOR BY MERGER TO BANK UNITED No.: 12-5499-CIVIL Plaintiff vs. JOHN PEARSON DEBRA SHARPE Defendants ORDER AND NOW, this i y' day of A14A-6ti , 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 $106,076.03 Interest Through December 4, 2013 $15,198.75 Late Charges $114.69 Legal fees $2,300.00 Cost of Suit and Title $1,396.50 790991 Property Inspections $252.00 Property Preservation $1,010.00 Mortgage Insurance Premium to be paid prior to December $363.16 4, 2013 Escrow Deficit $6,052.11 TOTAL $132,763.24 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 CO/U�R/T: J. LL 790991 ***-*W a GMs F PHELAN HALLINAN,LLP ` ' 4H 10: j 2 Attorney for Plaintiff CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 John.Kolesnik @phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL • ASSOCIATION AS ATTORNEY IN FACT FOR CUMBERLAND COUNTY THE FEDERAL DESPOSIT INSURANCE : COURT OF COMMON PLEAS CORPORATION AS RECEIVER OF • WASHINGTON MUTUAL BANK F/K/A • CIVIL DIVISION WASHINGTON MUTUAL BANK FA • SUCCESSOR BY MERGER TO BANK UNITED : NO. 12-5499-CIVIL Plaintiff v. JOHN PEARSON DEBRA SHARPE Defendants MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP,petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendant, JOHN PEARSON, by certified mail and regular mail to JOHN PEARSON at 122 EAST COLUMBIA ROAD, A/K/A/ 122 COLUMBIA ROAD, ENOLA, PA 17025-2403 and posting 122 EAST COLUMBIA ROAD, A/K/A/ 122 COLUMBIA ROAD, ENOLA, PA 17025-2403 and publication pursuant to PA.R.C.P. 3129.2 (D) and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for March 12, 2014. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendant be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendant, JOHN PEARSON, with the Notice of Sale at the mortgaged premises, 122 EAST COLUMBIA ROAD, A/K/A/ 122 COLUMBIA ROAD, ENOLA, PA 17025-2403, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". No service made as the property is vacant. 4. Attempts to serve Defendant, JOHN PEARSON, with the Notice of Sale at203 VALLEY ROAD, HARRISBURG, PA 17104-1431, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". No service was made as the Defendant does not reside at the said address. 5. Attempts to serve Defendant, JOHN PEARSON, with the Notice of Sale at 151 NORTH 2ND STREET,NEWPORT, PA 17074, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". No service was made as the said address is vacant. 6. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". 7. Plaintiff contacted the Prothontary's Office and as of November 20, 2013, no Judge has previously entered a ruling in this case. 8. In accordance with CUMBERLAND County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on November 21, 2013 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs November 21, 2013 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 9. Plaintiff submits that it has made a good faith effort to locate the Defendant, JOHN PEARSON, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to JOHN PEARSON at 122 EAST COLUMBIA ROAD, A/K/A/ 122 COLUMBIA ROAD, ENOLA, PA 17025-2403 and posting 122 EAST COLUMBIA ROAD,A/K/A/ 122 COLUMBIA ROAD, ENOLA, PA 17025-2403 and by publication. Phelan Hal ' , ' DATE: Ie/Z/-2 By: •hn Michael Kolesnik, Esquire `Bar ID No: 308877 Attorney for Plaintiff PHELAN HALLINAN,LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 John.Kolesnik @phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL . ASSOCIATION AS ATTORNEY IN FACT FOR CUMBERLAND COUNTY THE FEDERAL DESPOSIT INSURANCE COURT OF COMMON PLEAS CORPORATION AS RECEIVER OF . WASHINGTON MUTUAL BANK F/K/A • CIVIL DIVISION WASHINGTON MUTUAL BANK FA . SUCCESSOR BY MERGER TO BANK UNITED NO. 12-5499-CIVIL Plaintiff v. JOHN PEARSON DEBRA SHARPE Defendants PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P. Rule 3129.2(c)provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in subparagraph(A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment,the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant, JOHN PEARSON, are unknown, a reasonable investigation of his/her last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure Rule 430(a)provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A sheriffs return of"not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales v. Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a"good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and(3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the of return of service,hereto as Exhibit "A", the process server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P. Rule 430 by certified and regular mail to JOHN PEARSON at 122 EAST COLUMBIA ROAD, A/K/A/ 122 COLUMBIA ROAD, ENOLA, PA 17025-2403 and posting 122 EAST COLUMBIA ROAD, A/K/A/ 122 COLUMBIA ROAD, ENOLA, PA 17025-2403 and by publication pursuant to PA.R.C.P. 3129.2. Phelan Hal • an, LP DATE: B lZ Z 13 By: ik Michael Kolesnik, Esq., Id.No.308877 Attorney for Plaintiff PHELAN HALLINAN,LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 John.Kolesnik @phelanhallinan.com 215-563-7000 • JPMORGAN CHASE BANK,NATIONAL ASSOCIATION AS ATTORNEY IN FACT FOR : CUMBERLAND COUNTY THE FEDERAL DESPOSIT INSURANCE COURT OF COMMON PLEAS • CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/KJA CIVIL DIVISION • WASHINGTON MUTUAL BANK FA SUCCESSOR BY MERGER TO BANK UNITED : NO. 12-5499-CIVIL Plaintiff v. JOHN PEARSON DEBRA SHARPE Defendants CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Exhibits in the above captioned matter were sent by first class mail,postage prepaid to the following interested parties on the date indicated below. JOHN PEARSON 122 EAST COLUMBIA ROAD, A/K/A/ 122 COLUMBIA ROAD ENOLA, PA 17025-2403 DEBRA SHARPE 55 SUSQUEHANNA STREET WILKES BARRE, PA 18702 Phelan Hallinan, LLP DATE: Oki By: J. Michael Kolesnik, Esq., Id.No.308877 Attorney for Plaintiff EXHIBIT "A" ......... ................... AFFIDAVIT OF SERVICE(FHLMC) PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK,NATIONAL ASSOCIATION AS ATTORNEY IN FACT FOR THE FEDERAL DESPOSIT PH#790991 INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK FA SUCCESSOR BY MERGER TO BANK UNITED DEFENDANT SERVICE TEAM/lxh JOHN PEARSON COURT NO.:12-5499-CIVIL DEBRA SHARPE SERVE JOHN PEARSON AT: TYPE OF AC'T'ION 122 EAST COLUMBIA ROAD XX Mortgage Foreclosure A/K/A/122 COLUMBIA ROAD XX Civil Action ENOLA,PA 17025-2403 SERVED Served and made known to JOHN PEARSON,Defendant on the_day of __„_,20 ,at o'clock .M.,at 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 Height Weight Race Sex Other I, ,a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.CS.Sec.4904 relating to unworn falsification to authorities. DATE: NAME: PRINTED NAME: TITLE: NOT SERV ' On the '3 day of 20 13,at 2 o'clock Q Q.M.,I ,t t ,�a competent adult hereby state that a endant NOT POUND because: ,Vacant -^Does Not Exist Moved Does Not Reside(Not Vacant) o Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. BY;,/L f �- P •t+ NAME: M'` 0- ATTORNEY FOR PLAINTIFF c _ a p 111 I Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 --Dag Center Plaza ; 't?” Plttttutel.Mu,PA 19103 N ,i' ;x,.:=lta 001 .70tXl STA'i'r?{ MYCOMPtibl) ',t:S POLY AWN AFFIDAVIT OF SERVICE(FHLMC) PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK,NATIONAL ASSOCIATION AS ATTORNEY IN FACT FOR THE FEDERAL D.ESPOSIT PH#790991 INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK FA SUCCESSOR BY MERGER TO BANK UNITED DEFENDANT SERVICE TEAM/Ixh JOHN PEARSON COURT NO.:12-5499-CIVIL DEBRA SHARPE SERVE JOHN PEARSON AT: TYPE OF ACTION 203 VALLEY ROAD XX Notice of Sheriff's Sale HARRISBURG,PA 17104-1431 SALE DATE: December 4,2013 SERVED Served and made known to JOIIN PEARSON,Defendant on the day of ,20_,at ,o'clock_.M.,at .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 Height _ Weight Race Sex Other I, ,a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S.Sec.4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME: 'ITIT E: St- NOT SERVED On the 31 day of DG4p er 2013,atS'(v o'clock 0,M.,I, . C. -� ',a competent adult hereby state that Defendant NOT FMJND because: _Vacant Does Not Exist :Moved ?<Does Not Reside(Not Vacant) No Answer on at , . at Service Refused XOther: i419me-p Qftr s `Eke 044,0141,4- +s L1.7 k"au1+1 m 1v 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: tdr3.i4rtaic ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 • AFFIDAVIT OF SERVICE(FHLMC) PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK,NATIONAL ASSOCIATION AS ATTORNEY IN FACT FOR THE FEDERAL DESPOSIT PH 0 790991 INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK FA SUCCESSOR BY MERGER TO BANK UNITED DEFENDANT SERVICE TEAM/17th JOHN PEARSON COURT NO.:12-5499-CIVIL DEBRA SHARPE SERVE JOHN PEARSON AT: TYPE OF ACTION 151 NORTH 2ND STREET XX Mortgage Foreclosure NEWPORT,PA 17074 XX Civil Action SERVED Served and made known to JOHN PEARSON,Defendant on the_day of 20_,at ,o'clock_.M.,at ,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 Height Weight Race Sex Other I, ,a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S.Sec.4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME: TITLE: °"-4. ,It'" V,tD °111116 dg of ,20B,at ( o'clock .,I, "4 I I7lot ,j,a competent adult hereby state that Defendyant NOT> NI)Geeause: ,Vacant _Does Not Exist —Moved _Does Not Reside(Not Vacant) _No Answer on at at Service Refused Other: J understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. .13'Y: PRI VD NAM 1ftSj \ ' ATTORNEY FOR PLAINTIFF, ,40 4 ' Phelan Hallman,LLP 46 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza __ .1 ht n,PA 19103 i ' ',r, r s t + (215)5153 tl(R) 1 ,,, ,IC STA1 , .,,,AsEy ?N'YCOh11tiISb O4 � i_:S JULY 31,2014 • EXHIBIT “B99 790991 AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 790991 Attorney Firm: Phelan,Hallinan&Schmieg,LLP Subject: John Pearson&Debra Sharpe Property Address: 122 East Columbia Road,A/K/A/122 Columbia Road,Enola,PA 17025 Possible Mailing Address: 203 Valley Road,Harrisburg,PA 17104 (John Pearson)151 North 2nd Street,Newport,PA 17074 (Debra Sharpe)55 Susquehanna Street,Wilkes Barre,PA 18702 I.CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct John Pearson-xxx-xx-4237 Debra Sharpe-xxx-xx-9658 B. EMPLOYMENT SEARCH John Pearson&Debra Sharpe-A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that John Pearson&Debra Sharpe reside(s)at:122 East Columbia Road,A/K/A/ 122 Columbia Road,Enola,PA 17025. II.INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases,which had no listing for John Pearson&Debra Sharpe,however did provide a listing for John Martins&Danielle Pearson at:122 East Columbia Road, Enola,PA 17025.On 09-19-13 our office made several telephone calls to the phone number(717)525- 8310 and received the following information:answering machine On 09-19-13 our office made a telephone call to the phone number(717)567-3812 and received the following information: disconnected. B. On 09-19-13 our office searched directory assistance databases,which had no phone number for John Pearson&Debra Sharpe. III.INQUIRY OF NEIGHBORS On 09-19-13 our office made a phone call in an attempt to contact Brenda J.Harvey(717)732-5704,120 East Columbia Road,Enola,PA 17025:not in service. On 09-19-13 our office made several phone calls in an attempt to contact Charles R.Minnich(717)695- 7212,116 East Columbia Road,Enola,PA 17025:answering machine. On 09-19-13 our office made a phone call in an attempt to contact Frank J.Sienkiewicz(717)732-4197, 130 East Columbia Road,Enola,PA 17025:not in service. On 09-19-13 our office made several phone calls in an attempt to contact John E.Hlatky(717)732-0539, 205 Valley Road,Harrisburg,PA 17104:answering machine. On 09-19-13 our office made a phone call in an attempt to contact Daniel J.Benny(717)540-9236,202 Valley Road,Harrisburg,PA 17104:not in service. On 09-19-13 our office made a phone call in an attempt to contact Daniel S.McGeary(717)567-7294,149 North 2nd Street,Newport,PA 17074:disconnected. On 09-19-13 our office made a phone call in an attempt to contact Sallyann E.Templeton(717)567-6680, 137 North 2"d Street,Newport,PA 17074:spoke with an unidentified female who could not confirm that the subjects reside(s)at 151 North 2nd Street,Newport,PA 17074. On 09-19-13 our office made several phone calls in an attempt to contact Julie M.Sanders(717)567-2254, 154 North 2nd Street,Newport,PA 17074:no answer. On 09-19-13 our office made several phone calls in an attempt to contact Wallace D.Williams(570)825- 0901,51 Susquehanna Street,Wilkes Barre,PA 18702:no answer. On 09-19-13 our office made several phone calls in an attempt to contact Edwin Martinez(301)898-2949, 57 Susquehanna Street,Apartment 2,Wilkes Barre,PA 18702:answering machine. On 09-19-13 our office made several phone calls in an attempt to contact Robert Weitz Sr.(570)825-5680, 50 Susquehanna Street,Wilkes Barre,PA 18702:answering machine. Using our white pages database our office was unable to locate any additional neighbors for 203 Valley Road,Harrisburg,PA 17104. IV.ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 09-19-13 we reviewed the National Address database and found the following information:John Pearson-151 North 2nd Street,Newport,PA 17074&Debra Sharpe-55 Susquehanna Street,Wilkes Barre,PA 18702. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors,the following is a possible mailing address:203 Valley Road,Harrisburg, PA 17104 and(John Pearson)151 North 2nd Street,Newport,PA 17074&(Debra Sharpe)55 Susquehanna Street,Wilkes Barre,PA 18702. V.OTHER INQUIRIES DEATH RECORDS As of 09-19-13 Vital Records and all public databases have no death record on file for John Pearson& Debra Sharpe. VI.ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH John Pearson-1981 Debra Sharpe-1954 B. A.K.A. John Robert Pearson Debra Sharpe Pearson,Debra L.Sharp Osborne;Debra Lynn-Sharpe *Our accessible databases have been checked and cross-referenced for the above named individual(s). *Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S.Sec. 4904 re °tg to wor: ifica ion to authorities. The above information is obtained from available public records and we are only liable for the cost of the affidavit. • • • • • • • • • • • • • • EXHIBIT G6 !6.'�f9 • • * f1,4 . i i 1 0: Ai * * * x 4ri Ei g ' ' '64i . ii g. , Eil .,r 4 iii, ,1' , 0 jc E .c s 4.6,. i, „. , N i 4:,S"t i H . . o lirr Z W - ,.:: `1,(..; i i � o d i b i ,e :,E.;:., , , 1 i ••.' a I- I a . „a i , " 8 .. Y , ti ,„.:: !jIj . ;:::,,,, i.,, ::, : ':',.: .'::,::,: i[Ili . -,, i'...i' �Po }� = R a U.S.POSTAGE* trBOWES V : t'•` 'il'I ZIP 19103 $001.66° 00013 i i.:0'.14,4C'. 81 191 NOV 21 2013 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail lily.hainey @phelanhallinan.com LILY HAINEY, Legal Assistant, Ext. 1401 Representing Lenders in Service Department Pennsylvania November 21, 2013 JOHN PEARSON 122 EAST COLUMBIA ROAD A/K/A/ 122 COLUMBIA ROAD ENOLA, PA 17025-2403 RE: JPMORGAN CHASE BANK,NATIONAL ASSOCIATION AS ATTORNEY IN FACT FOR THE FEDERAL DESPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK FA SUCCESSOR BY MERGER TO BANK UNITED v. JOHN PEARSON and DEBRA SHARPE Premises Address: 122 EAST COLUMBIA ROAD,A/K/A/ 122 COLUMBIA ROAD, ENOLA,PA 17025-2403 CUMBERLAND County,No. 12-5499-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week,by December 2, 2013. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, LILY HAINEY,Legal Assistant for Phelan Hallinan,LLP 790991 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA • JPMORGAN CHASE BANK,NATIONAL ASSOCIATION AS ATTORNEY IN FACT FOR • CIVIL DIVISION • THE FEDERAL DESPOSIT INSURANCE CORPORATION AS RECEIVER OF • NO. 12-5499-CIVIL WASHINGTON MUTUAL BANK F/K/A -' ^' cw, WASHINGTON MUTUAL BANK FA • - , SUCCESSOR BY MERGER TO BANK UNITED :'• • C, Plaintiff `' £' V. ti • JOHN PEARSON DEBRA SHARPE Defendants ORDER AND NOW, this i` day of , 2013, after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant JOHN PEARSON by: REGULAR MAIL TO JOHN PEARSON at 122 EAST COLUMBIA ROAD, A/K/A/ 122 COLUMBIA ROAD, ENOLA, PA 17025-2403 Service by mail is complete upon the date of / mailing ✓ CERTIFIED MAIL TO JOHN PEARSON at 122 EAST COLUMBIA ROAD, A/K/A/ 122 COLUMBIA ROAD, ENOLA, PA 17025-2403 Service by mail is complete upon the date of mailing `7 POSTING 122 EAST COLUMBIA ROAD, A/K/A/ 122 COLUMBIA ROAD, ENOLA, PA 17025-2403 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). BY THE COURT: • J. PH# 790991 CC PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 JOHN PEARSON, and DEBRA SHARPE 122 EAST COLUMBIA ROAD, A/K/A/ 122 COLUMBIA ROAD, ENOLA, PA 17025-2403 Ja. 3 M y �r_a Eby PHELAN HALLINAN, LLP Attorney for Plaintiffs"� 1617 JFK Boulevard, Suite 1400 YLVANIA One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION AS ATTORNEY IN FACT FOR CUMBERLAND COUNTY THE FEDERAL DESPOSIT INSURANCE COURT OF COMMON PLEAS CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A : CIVIL DIVISION WASHINGTON MUTUAL BANK FA SUCCESSOR BY MERGER TO BANK UNITED : NO. 12-5499-CIVIL Plaintiff vs. JOHN PEARSON DEBRA SHARPE Defendants AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P.,404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail,return receipt requested,to JOHN PEARSON on JANUARY 9,2014 in accordance with the Order of Court dated DECEMBER 16, 2013. The property was posted on JANUARY 14,2014. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. Phelan H.. DA'Z'E: 000 By: John Mioff Kolesnik, Esq., Id. No.308877 Atto for Plaintiff • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL ASSOCIATION AS ATTORNEY IN FACT FOR CIVIL DIVISION THE FEDERAL DESPOSIT INSURANCE CORPORATION AS RECEIVER OF NO. 12-5499-CIVIL WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK FA SUCCESSOR BY MERGER TO BANK UNITED : �3 Plaintiff v. <� �„ o JOHN PEARSON a coD DEBRA SHARPS --{ Defendants rn 140, ORDER AND NOW,this /441%- day of 7b0.+r r.rn ,2013,after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court,it is hereby: ORDERED that pursuant to Pa.R.C.P.430(a),service of the Notice of Sale is permitted on Defendant JOHN PEARSON by: REGULAR MAIL TO JOHN PEARSON at 122 EAST COLUMBIA ROAD A/K/A/122 COLUMBIA RnAn woLik _ PA 17025.2403 Service by mail is complete upon the date of mailing CERTIFIED MAIL TO JOHN PEARSON at 122 EAST COLUMBIA ROAD,A/K/A/122 COLUMBIA ROAD,ENOLA, PA 17025-2403 Service by mail is complete upon the date of m'i11ng POSTING 122 EAST COLUMBIA ROAD,A/K/A/ 122 COLUMBIA ROAD,ENOLA,PA 17025-2403 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P.3129.2(D). BY THE COURT: • t t� J. PH#!790991 CC PHELAN HALLINAN,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 JOHN PEARSON,and DEBRA SHARPE 122 EAST COLUMBIA ROAD,A/K/A/122 COLUMBIA ROAD,ENOLA,PA 17025-2403 ,f I ..._ 1 E I I 00 I A O P. I ' ;',1 V _ U © 1 {. y L C7 11 a. Q •• v V a m m N c f V O w C ,-,Z _j J .a o. fA p 0 ° 14 WN 4 44(2 S' HN Z a. L a Q z iz o 0,1< ~ 8 0 ,■4 ° At Z W .°O ati U _ o N W �= U OZ a, � ta �,a � aLU z = a, w E � c o � z ;,T4 .-4 __ ° d aa z � � a 0 •1 dz wN a O o .o v W O fl E H (, °:a 1 q ,� v N ri V kn �O :lam 00 O� .M.. z ea qo zoo c/ 7775 2477 6099 0755 2372 JWI/790991 JOHN PEARSON 122 EAST COLUMBIA ROAD A/K/A/ 122 COLUMBIA ROAD ENOLA, PA 17025-2403 --fold here(regular) --fold here(6x9) --fold here(regular) USPS.comt -USPS TrackingTM Page 1 of 2 English Customer Service LISPS Mobile USPS COM Quick Tools Ship a Package Send Mail Manage Your Mai' USPS TrackingTM Tracking Number: 71782417609901552312 Expected Delivery Day: Saturday,January 11, 2014 Product & Tracking information A Postal Product: Features: First-Class Mails Certified Mail's R' January 28,2014,8:15 Delivered PHILADELPHIA,PA 19103 am January 27,2014, 11:30 Notice Left(No Authorized PHILADELPHIA,PA 19103 am Recipient Available) January 27,2014,11:11 Arrival at Unit PHILADELPHIA, PA 19104 am January 26,2014,3:54. Processed through PHILADELPHIA,PA 19176 am USPS Sort Facility January 25,2014,2:03 Processed through PHILADELPHIA,PA 19176 pm USPS Sort Facility January 24,2014,9:04 Processed through LANCASTER, PA 17604 am USPS Sort Facility January 24,2014 Depart USPS,Sort LANCASTER,PA 17604 Facility https://tools.usps.com/go/TrackConfirrAction.action?tLabe1s=71782417.609901552312 2/6/2014 USPS.com®-USPS TrackingTM Page 2 of 2 January 23,2014, 1:13 Processed through LANCASTER, PA 17604 pm USPS Sort Facility -E January 18,2014, 10:30 Moved,Left no CAMP HILL, PA 17011 1 am Address January 11,2014, 10:45 Undeliverable as am ENO1Ja, PA 17025 Addressed January 11,2014 Depart USPS Sort HARRISBURG,PA 17107 Facility January 10,2014,5:50 Processed through HARRISBURG, PA 17107 pm USPS Sort Facility January 10,2014 Depart USPS Sort PHILADELPHIA, PA 19176 Facility January 9,2014, 10:38 Processed at USPS PHILADELPHIA,PA 19176 pm Origin Sort Facility Accepted at USPS January 9,2014,9:23 pm Origin Sort Facility PHILADELPHIA,PA 19103 January 9,2014 Electronic Shipping Info Received What's your tracking(or receipt)number? Track It LEGAL ON USPS.COM ON ABOUT.USPS;COM Privacy Policy> Government Services> About USPS Home> Terms of Use> Buy Stamps&Shop> Newsroom> FOIA> Print a Label with Postage> USPS Service Alerts> No FEAR Act EEO Data> Customer Service> Forms&Publications Delivering Solutions to the Last Mile> Careers> Site Index> struspsocomr j Copyright0 2014 USPS.All Rights Reserved. https://tools.usps.comigo/TrackConfirmAction.action?tLabels=71782417609901552312 2/6/2014 t ' AFFIDAVIT OF SERVICE(FIILMC) PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK,NATIONAL ASSOCIATION AS ATTORNEY IN FACT FOR THE FEDERAL DESPOSIT PH#790991 INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK FA SUCCESSOR BY MERGER TO BANK UNITED DEFENDANT SERVICE TEAM/spl JOHN PEARSON COURT NO.:12-5499-CIVIL DEBRA SHARPE SERVE JOHN PEARSON AT: TYPE OF ACTION 122 EAST COLUMBIA ROAD XX Notice of Sheriff's Sale A/K/A/122 COLUMBIA ROAD SALE DATE:03/1212014 ENOLA,PA 17025-2403 ****PLEASE POST THE PROPERTY*** SERVED r1 Served and made known to_.JOHN PEARSON,Defendant on the 1`t day of ) °t t f 20, (1,at 1-2,o'clock .M.,at 122.EAST COLUMBIA ROAD,A/1JA1 122 COLIJMEIA ROAD,ENOLA,PA 17025-2403;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. XX Other: . POSTED THE PROPERTY _ Description: Age Height • Weight Race Sex Other I, t 6‘.'4 V't"res `,a competent adult,hereby verify that I personally posted the property with a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE:, 11 '1 NAME: """ I f '^ PRINTED NAME: C Mi- '' TITLE: f 2-120 � Sc 12�/ l " NOT SERVED On the day of 20 ,at o'clock M.,I, ,a competent adult hereby state that Defendant NOT-FOUND because: Vacant _Does Not Exist Moved _Does Not Reside(Not Vacant) _No Answer on_ at at ,,Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. B Y: PRINTED NAME:;, ATTORNEY FOR PLAINTIFF Lawrence T.Phelan,Esq.,Id.No.32227 Francis S.Hallinan,Esq.,Id.No.62695 Daniel G.Schmieg,Esq.,Id.No.62205 Michele M.Bradford,Esq.,Id.No.69849 Judith T.Romano,Esq.,Id.No.58745 Jenine R.Davey,Esq.,Id.No.87077 if Lauren R.Tabas,Esq.,Id.No.93337 y Jay B.Jones,Esq.,Id.No.86657 Andrew L.Spivack,Esq.,Id;NQ.84439 Chrisovalame P.Ffiakos,Esq.,Id.No 94620 ' . ' 'Courtenay R.Dunn,Esq.,Id.No.'206779 ' • ' ■ Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY T H E P l,; f t-10 N C i f FY ?. f JUNE 12 till 9:3a CUMBERLAND COUNTY F PENNSYLVANIA JP Morgan Chase Bank, NA vs. John Ryan Pearson (et al.) Case Number 2012-5499 SHERIFF'S RETURN OF SERVICE 09/27/2013 08:45 PM - Deputy Stephen Bender, 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 122 East Columbia Road a/k/a 122 Columbia Road, East Pennsboro - Township, Enola, PA 17025, Cumberland County. 11/12/2013 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 $ 1.00 to Attorney Joseph Schalk, on behalf of, Federal Home Loan Mortgage Corporation, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $1,222.31 SO ANSWERS, May 12, 2014 RONNY R ANDERSON, SHERIFF jig •00 fat aa - ,DS" , a- . SP "41 307/40- (c) CountySu!e $ eriff.'reiecsvtt, inc. On September 9, 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, 122 East Columbia Road, a/k/a 122 Columbia Road, Enola, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: September 9, 2013 By: e.t_t_k) Real Estate Coordinator L1 :01 V SZ 1Mti LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No. 2012-5499 Civil Term JP MORGAN CHASE BANK, N.A. vs. JOHN RYAN PEARSON, Debra Sharpe Atty.: Joseph Schalk By virtue of a Writ of Execution No. 12 -5499 -CIVIL, JPMORGAN CHASE BANK, NATIONAL ASSO- CIATION v. JOHN PEARSON, DEBRA SHARPE owner(s) of property situate in EAST PENNSBORO TOWNSHIP, CUMBERLAND County, Pennsyl- vania, being 122 EAST COLUMBIA ROAD a/k/a 122 COLUMBIA ROAD, ENOLA, PA 17025-2403. Parcel No. 09-13-1002-301. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $109,756.27. 93 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, l ditor SWORN TO AND SUBSCRIBED before me this 25 day of October, 2013 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot -News Co. 202.0 Tecinoiogy Pkwy Suite. 300 .. Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the atriotXews 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 2012-5499 Clvfl Term JP MORGAN CHASE BANK, NA vs. JOHN RYAN PEARSON Debra Sharpe Atty: Joseph Schalk By virtue of a Writ of Execution No. 12 -5499 -CML JPMORGAN CHASE BANK, NATIONAL ASSOCIATION v. JOHN PEARSON DEBRA SHARPE owner(s) of property situate in EAST PENNSBORO TOWNSHIP, CUMBERLAND County, Pennsylvania, being 122 EAST COLUMBIA ROAD, A/K/A/ 122 COLUMBIA ROAD, ENOLA, PA 17025- 2403 Parcel No. 09-13-1002-301 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $109,756.27 This ad ran on the date(s) shown below: 10/13/13 10/20/13 10/27/13 Sworn to u'scribed before me this 11 day of November, 2013 A.D. Not 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 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 Sheriffs Deed in which Federal Home Loan Mtg Corp 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 27th day of June, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 5499, at the suit of JPMorgan Chase Bk N A against John Pearson & Debra Sharpe is duly recorded as Instrument Number 201412352. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this , A.D. 0,0`/ day of Recorder of Deeds Recorde of Deeds, Cumberland County, Carlisle, PA My Commission, Expires the First Monday of Jan. 2018