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HomeMy WebLinkAbout12-5906t~-.~ t. , J ~ __ { ~ ~! ~~~~~~ , ~ J ~~~'~ ~. ~:, ~~~ll~ C fJ ,~ _~~ _,, ,~'~~~, CG' ~.. s~,~ ~l n ! N~ PHELAN HALLINAN & SCHMIEG. LLP Matthe~s Bn~sh~~~ood. Esq.. Id. No.310592 1(17 JFK Boule~~ard. Suite 1#00 One Penn Center Plaza Philadelphia. PA 19103 215-5G3-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION 1111 POLARIS PARKWAY COLUMBUS, OH 43240 v. Plaintiff KEITH R. TAYLOR A/K/A KEITH R. TAYLOR, JR MARY A. TAYLOR 514 GRAHAMS WOODS ROAD CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM p, , ~~ NO. (~' s l~~ CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File =: 2913-4d ~~}~ ,~s~ a~'1 ~ ~asrsi s ~~as,~N~r NOTICE You have been sued. in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 2-F9-3166 (800)990-9108 File =: 2913~~ Plaintiff is JPMORGAN CHASE BANK, NATIONAL ASSOCIATION 1111 POLARIS PARKWAY COLUMBUS, OH 43240 2. The name(s) and last known address(es) of the Defendant(s) are: KEITH R. TAYLOR A/K/A KEITH R. TAYLOR, JR MARY A. TAYLOR 514 GRAHAMS WOODS ROAD CARLISLE, PA 17013 who is'are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/ 15/2005 KEITH R. TAYLOR, JR. and MARY A. TAYLOR made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR ERA MORTGAGE which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1904, Page 3559. By Assigmment of Mortgage recorded 03/30/2012 the mortgage was assigned. to JPMORGAN CHASE BANK, NATIONAL ASSOCIATION which Assignment is recorded in Assignment of Mortgage Instrument No. 201209117.The mortgage and assigmnent(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.CP. 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. The mortgage is in default because monthly payments of principal and. interest upon said mortgage due 10/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified File =: 2913.41 1 6 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage as of 03/ 1 S/2012: Principal Balance $122,180.02 Interest $4,855.19 09/01/2011 through 03/15/2012 Late Charges $181.76 Property Inspections $56.00 Subtotal $127,272.97 Escrow Credit $3( 64.851 TOTAL $126,908.12 7 8 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendants} in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon. File =: 291344 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $126,908.12, 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. AN & SCHIvIIEG, LLP d, Esquire Fik =: 2913-1~4 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, with improvements thereon erected, situate in the Township of Upper Frankford, County of Cumberland, Co><mnonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNII~TG at a nail located in the center of the intersection of Route T-448 and T-450; thence along a line in the center of Route T-448, South 09 degrees 53 minutes 12 seconds West, 112.05 feet to a spike; thence North 42 degrees 06 minutes 00 seconds West, along lands now or late of Guy Foster, a distance of 371.67 feet to a point; thence North 52 degrees 24 minutes 00 seconds East, a distance of 87.45 feet to a point located in Route T-450; thence North 12 degrees 36 minutes 00 seconds West, a distance of 105.83 feet to a point; thence North 33 degrees 25 minutes 00 seconds West, a distance of 99.08 feet to a point; thence North 72 degrees l7 minutes 50 seconds East, along lands now or late of David Stanton for a distance of 433.41 feet to a nail located in the center of Route T-448; thence north 10 degrees 30 minutes 00 seconds East, through the center of Route T-448, for a distance of 83 feet to a nail; thence South 84 degrees 25 minutes 00 seconds East, a distance of 35 feet to a point; thence North 50 degrees 35 minutes 00 seconds East, for a distance of 9.84 feet to a point; thence North OS degrees 08 minutes 37 seconds East, along lands now or late of Louis Mixell, for a distance of 360.47 feet to a point; thence South 88 degrees 51 minutes 23 seconds East, continuing along lands now or late of Louis Mixell, for a distance of 21.45 feet to a hickory tree; thence South 33 degrees 47 minutes 14 seconds East, along lands now or late of John McCoy, for a distance of 1.83.49 feet to a point; thence South 55 degrees 18 minutes 33 seconds West, for a distance of 134.57 feet to a point, along lands now or late of Franklin H. Smyser, Jr. to a point; thence South 19 degrees 33 minutes 28 seconds West, along lands now or late of Franklin H. Smyser, Jr., for a distance of 261.38 feet File =: 2913-F-4 fo a point; thence South 45 degrees 54 minutes 52 seconds West, continuing along lands now or late of Franklin H. Smyser, Jr., for a distance of 335.62 feet to a point, thence North 73 degrees 14 minutes 37 seconds West, along lands now or late of Franklin H. Smyser, Jr., for a distance of 99 feet to a spike located in the center of Route T-448; thence South 16 degrees 56 nunutes 12 seconds West, along the line in the center of Route T-448, for a distance of 182.66 feet to a point, the place of BEGINNING. CONTAINING 7.08 acres. BEING THE SAME PREMISES which Richard P. Klingensmith and Barbara L. Klingensmith, by their deed to be recorded simultaneously herewith in the Office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Keith R. Taylor Jr. and Mary A. Taylor. PROPERTY ADDRESS: 514 GRAHAMS WOODS ROAD, CARLISLE, PA 17013 PARCEL # 43-05-0419-017 File ~: 29 L3~d VERIFICATION ~~r ~ ~e1~ ~~!~D~; hereby states that ~e she is U~~~ ~'~ , ~Q1~~ of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information, and belief. [ understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: ~ ~ ~ ~~ ~.r_ File#: 291344 Name: TAYLOR Name:, ~ ( ~"~~vc ~ v ~ r2,.. JPMORGAN CHASE BANK, NATIONAL ASSOCIATION File =: 29131-4 SherlYtOtL;Umberlantll;OUrity vr+i=yr~,r~~i~ ~-~~-~TM vu,~~,~~r •~~~w~~~,wvin INVOICE # INVOICE DATE AMOUNT DISCOUNT VOUCHER # NET AMOUNT 291344 9/21 /2012 100.00 0.00 001146267 100.00 KBB [291344] 514 GRAHAMS WOODS ROAD 100.00 0.00 100.00 riff of Cumberland Counri DATE 9/21/2012 CHECK# 001231557 VENDOR SCUMB INVOICE # INVOICE DATE AMOUNT DISCOUNT VOUCHER # NET AMOUNT 291344 9/21 /2012 100.00 0.00 001146267 100.00 KBB (291344] 514 GRAHAMS WOODS ROAD 100.00 0.00 100.00 ~.,, Phelan Hallinan, & Schmieg LLP TD Bank, NA 001231557 One Penn Center Ste 1400 3-180/360 Philadelphia, PA 19103 DATE 9/21 /2012 PAY ONE HUNDRED AND XX / 100 Dollars TO THE Sheriff of Cumberland County ORDER Cumberland County Courthouse AMOUNT ****$100.00 ``~? OF One Courthouse Square Carlisle, PA 17013 ~ ~ KBB [291344] 514 GRAHAMS WOODS ROAD AUTHORIZED SIGNATURE "", .. %nU~" .,2_ ~._"... • '/;13T$~' . .1'-.ffiA~'s. 1.e.~Tb 'a ~i .r~ "T'°,.T. ..~. ;ate ~ .,n ~.........qw..y.... .:.' `,~-s ~'s~ i~'00 L 2 3 L 5 5 ?u' ~:0 3600 L808~: ~ ' ' ` ~ 36 L 508666ii' r-3 ~ '_:_ SHERIFF'S OFFICE OF CUMBERLAND COUNTI~~ N © T ""T"j ;~~~ : ~'~'' , ~ ~ Ronny R Anderson ~r ~' ` Sheriff -C k~~~s~' of ~~tiuf~rrl,~ r"~ ~ ---~~, ~'~ Jody S Smith ~~ ~~ ~'~, .~ ~ °' Chief Deputy ' ~ : ~ ' ~ .~,~ ~_ ca ~s ~'' Richard W Stewart p ~ cst x Solicitor c~rr~ ~~ =~~ ~"~~~-~r~l~~ -~: '~ , -~ JP Morgan Chase Bank, NA vs. Keith R. Taylor, Jr. (et al.) Case Number 20i 2-5906 SHERIFF'S RETURN OF SERVICE 10/12/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Keith R. Taylor, Jr., but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice or Residential Mortgage Foreclosure Diversion Program as not found as to the defendant Keith R. Taylor, Jr. Request for service at 514 Grahams Woods Road, Carlisle, Pennsylvania 17013 is vacant. The Carlisle Postmaster has confirmed, Keith R. Taylor, Jr. has moved and left no forwarding address. 10/12/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Mary A. Taylor, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice or Residential Mortgage Foreclosure Diversion Program as not found as to the defendant Mary A. Taylor. Request for service at 514 Grahams Woods Road, Carlisle, Pennsylvania 17013 is vacant. The Carlisle Postmaster has confirmed, Mary A. Taylor has moved and left no forwarding address. 10/12/2012 06:55 PM -Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on October 12, 2012 at 1955 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Mary A. Taylor, by making known unto herself personally, at 310 April Drive, Apartment 5, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $107.00 October 15, 2012 STEP EN BENDER, DEPUTY SO ANSWERS, ~~. RON R ANDERSON, SHERIFF (c; Coun!ySude Sheriff, 'Pelaesofl, In.^,. Phelan Hallinan,LLP ATTORNEYS FOR PLAINTIFF John Michael Kolesnik,Esq.,Id.No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION c VS. CUMBERLAND COUNTY KEITH R. TAYLOR A/K/A KEITH R. TAYLOR,JR � a MARY A. TAYLOR No. 12-5906 CIVIL anr" _ cn ca . - + MO, ` Defendant(s) {. rlo co AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail,to the following person,KEITH R. TAYLOR A/K/A KEITH R. TAYLOR,JR at 514 GRAHAMS WOODS ROAD, CARLISLE, PA 17013 on March 11,2013,in accordance with the Order of Court dated lebruary 14.2013. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. LLP Phel R. DATE:March 12,2013 Jo ichael Kolesnik,Esq.,Id.No.308877 mey for Plaintiff Phelan Hallinan,LLP File#291344/CCP AFFIDAVIT OF SERVI —CUMBERLAND ccP m, PLEASE POST BY:04/07/2013 PLAINTIFF COUNTY: CUMBERLAND JPMORGAN CHASE BANK,NATIONAL t ASSOCIATION AS ATTORNEY IN FACT FOR THE COURT NO. 12-5906 CIVIL (- FEDERAL DESPOSIT INSURANCE " -4 CORPORATION AS RECEIVER OF WASHINGTON ' __. MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK FA SUCCESSOR BY MERGER TO BANK UNITED DEFENDANT KEITH R. TAYLOR A/K/A KEITH R. TAYLOR, JR TYPE OF ACTION XX Mortgage Foreclosure SERVE AT: Eviction 514 GRAHAMS WOODS ROAD, CARLISLE, PA XX Civil Action 17013 Complaint on Promissory Note ***PLEASE POST THE PROPERTY*** ***IN ACCORDANCE WITH THE***** ***ATTACHED COURT ORDER****** Served `�,L y� Posted and made known KEITH R. TAYLOR A/K/A KEITH R. TAYLOR, JR, Defendant on the Tday of 20-1$rs.,� at.. o'clock, .M.,at 514 GRAHAMS WOODS ROAD,CARLISLE,PA 17013,in the manner described below: Defendant personal y served. Adult family member with whom Defendant(s)reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name/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 office of said defendant company. Other: Description: Age Height Weight _ Race Sex Other I, e( ' J ,a competent adult,being duly sworn according to law,depose and state that I personally posted a true and correct copy of the t7omplaint in Mortgage Foreclosure issued in the captioned case on the date and the address indicated above.I understand that this statement is matd�ers fubj ct to the penalties of 18 Pa.C.S.Sec.4904 relatin 4 worn falsification to authorities. DATE: f"7 3 NAME: �p PRINTED NAM W 1 J P7 t/�t iaent V TITLE: WPM CP�'l' Sle y^ r NOT SERVED On the_day of 20 _o'clock_.M.,Defendant NOT FOUND because: _Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at at Service Refused Other: PHS #291344 �J M C= rn G7 i =CD 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 11 I 1 POLARIS PARKWAY COLUMBUS, OH 43240 Civil Division Plaintiff Tenn V. No. 2012-5906-CIVIL KEITH R. TAYLOR A/K/A KEITH R. TAYLOR, JR MARY A. TAYLOR Cumberland County 514 GRAHAMS WOODS ROAD CARLISLE, PA 17013 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 24, 2012, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants for their failure to make monthly,payments of principal and interest upon their mortgage due October 1, 2011, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit A. 2. On October 12, 2012, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure 291344 Diversion Program Notice for the Defendant Mary A. Taylor. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof and marked as Exhibit B. 3. The service of the Complaint in Mortgage Foreclosure for Defendant, Keith R. Taylor, was made by posting on the property on March 24, 2013. A true and correct copy of the Affidavit of Service by Publication is attached hereto, made part hereof and marked as Exhibit C. 4. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty(60) days from the date of service. 5. Within 60 days after service of the complaint, the Defendant may opt into the 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 contactMidPenn Legal.Services within the first twenty (20) days of receipt of notice if not represented by counsel. 6. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. T. Defendants failed to opt into the Cumberland County.Residential Mortgage Foreclosure Diversion Program within sixty(60) days of service. 8. 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. 291344 Respectfully submitted, PHELAN HAL7A,N, LLP Date: BY: os h Schal , squire Att ey for Plaintiff 291344 Exhibit A 291344 C _d "fir -0 rn a 'T1 301 ©w C3 PHELAN HALLINAN&SCHMIEG,LLP Matthew Brushwood,Esq.,Id.No.310592 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF 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 V. No: 5°IO(� fit; KEITH R-TAYLOR.A/K/A KEITH R- TAYLOR,JR MARY A TAYLOR CUMBERLAND COUNTY 514 GRAHAMS WOODS ROAD CARLISLE,PA 17013 Defendants CIVIL ACTION.-LAW COMPLAINT IN MORTGAGE'FORECLOSLRF copy hereby cerfi the oA,Y within to bn-1 t @and correct cc,,. -f the original filed of recnrd File 40: 291344 t 1 , NOTWE You have been stied in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty(20)days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be-entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff.. You may lose money or property or other rights important to YOU. YOU SHOULD TAKE THIS PAPER.TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, C,0 TO OR TELFPHONE TBE 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,, 291344 ' Plaintiff is JPMORGAN CHASE BANK, NATIONAL ASSOCIATION 1111 POLARIS PARKWAY COLUMBUS, OH 43240 2.. The name(s) and last known address(es)of the Defendant(s) are: KEITH R. TAYLOR A/K/A KEITH R.. TAYLOR,JR MARY A. TAYLOR 514 GRAHAMS WOODS ROAD CARLISLE,PA 17013 who is/are the mortgagor(s)and/or real owner(s) of the property hereinafter described, 3. On 04/15/2005 KEITH R. TAYLOR, JR. and MARYA, TAYLOR made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR ERA MORTGAGE which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County,in Mortgage Book 1904, Page 3559, By Assignment of Mortgage recorded 03/30/2012 the mortgage was assigned to JPMORGAN CHASE BANK, NATIONAL ASSOCIATION which Assignment is recorded in Assignment of Mortgage histrunient No. 201209117.The mortgage and assignment(s), if arly, are matters of public record and are incorporated herein by reference in accordance with Pa,R.C,P, 10 19(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, The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/0 1/2011 and each month therealler are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified File 2913,14 ' ` � by written notice sent to Mortgagor, the entire principal balance and all.interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 03/15/2012; Principal Balance $122,1 80.02 Interest $4,855.19 09/01/2011 through 03/15/2012 Late Charges $181.76 Property Inspections $56.00 Subtotal $127,272.97 Escrow Credit 364.85 TOTAL $126,908.12 7. Plaintiff is not seeking a judgment of personal liability(or an in personam judgment) against the Defendants) 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 bank.ntptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8, Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s)on the date(s) set forth thereon. Pila�: 291.344 WHEREFORE, Plaintiff.demands an in rem judgment against the Defendant(s) in the sum of $126,908.12, 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. P LAIV :C LiT7AN`& SCH1biIEG, LLP artrusl vood, Esquire Aft o.rne, f la.r3 ifl Fild 291344 LEGAL DESCRYPTION ALL THAT CERTAIN piece or parcel of land, with improvements thereon erected, situate in the Township of UpperTrankford, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows, towit: BEGINNING at a nail located in the center of the intersection of Route T-448 and T-450; thence along a.line in the center of Route T-448, South 09 degrees 53 minutes 12 seconds West, 112.05 feet to a spike;thence North 42 degrees 06 minutes 00 seconds West, along lands now or late of Guy Foster, a distance of 371,67 feet to a point; thence North 52 degrees 24 minutes 00 seconds East, a distance of 87.45 feet to a point located in Route T-450, thence North 12 degrees 36 minutes 00 seconds West, a.distance of 105.83 feet to a point; thence North 33 degrees 25 minutes 00 seconds West, a distance of 99.08 feet to.a point; thence North 72 degrees 17 minutes 50 seconds East, along lands now or late of David Stanton for a distance of 433,41 feet to a nail located in the center of Route T-448; thence north 1.0 degrees 30 minutes 00 seconds East, through the center of Route T-448, for a distance of 83 feet to a.nail;thence South 84 degrees 25 minutes 00 seconds East, a distance of 3 5 feet to a point; thence North 50 degrees 35 minutes 00 seconds East, for a distance of 9.84 feet to a point; thence North 05 degrees 08 minutes 37 seconds East, along lands now or late of Louis Mixell, for a distance of 360.47 feet to a point, thence South 88 degrees 51 minutes 23 secondsEast, continuing along lands now or late of Louis Nfixell, for a distance of 21.45 feet to a hickory tree; thence South 3'), degrees 47 minutes 14 seconds East, along,lands now or late of John McCoy, for a distance of 183.49 feet to a point, thence South 55 degrees 18 minutes 33 seconds West, for a distance of 1.34.57 feet to a point, along lands now or late of Franklin H. Smyser, Jr. to a point, thence South 19 degrees 33 minutes 28 seconds West, along lands now or late of Franklin'H. Smyser, Jr., for a distance of 261,38 feet File 291344 to a point, thence South 45 degrees 54 minutes 52 seconds West,continuing along lands now or late of Franklin H. Smyser, Jr., for a distance of 335.62 feet to a point, thence North 73 degrees 14 minutes 37 seconds West, along lands now of late of Franklin H. Smyser, Jr., for a distance of 99 feet to a spike located in the center of Route T-448; thence South 16 degrees 56 minutes 12 seconds West, along the line in the center of Route T-448, for a distance of 182.66 feet to a point, the place of BEGINNING. CONTAINING 7.08 acres. BEING THE SAME PREMISES which Richard P. Klingensmith and Barbara L. Klingensmith, by their deed to be recorded simultaneously herewith in the Office of the Recorder of Deeds of Cumberland County, granted and conveyed unto.Keith R. Taylor Jr. and Mary A. Taylor. PROPERTY ADDRESS: 514 GRAIIAMS WOODS ROAD,CARLISLE, PA 17013 PARCEL#43-05-0419-017 Reg: 29044 VERIFICATION hereby states that e she is Oxe Pre ,' 4"f of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information, and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: Name:,- —C J r� Title: C:-e (`� V- e- JPMORGAN CHASE BANK,,NAT IONAL ASSOCIATION File#: 291344 Name: TAYLOR i 6 k i t File f!: 291344 i • FORM 1 IN TIME COURT OF COMMON I'Lh:AS JPMORGAN CHASE BANK,NATIONAL OF CUMBERLAND COUNTY, I'ENNSY,I�VAAIJA --; ASSOCIATION Plaintiff(s) vs. r KEITH R. TAYLOR A/K/A KEITH R. TAYLOR, ..r. L3 MARY A.TAYLOR //�� ;�G c� a_. Defendant(s) d- Civil 7� NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If•you awn and live in the residential property which is the subject of this foreclosure action.you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. if you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference. First, within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(7 17)243-9400 extension 2510 or(800)822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative,you must promptly meet with that legal representative within twenty(20)days of the appointment date. During that meeting,you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and a Request for Conciliation Conference with the Court,which must be filed with the Court within sixhI (60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer,you and your lawyer must take(lie following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment ol'a legal representative. However,you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be filed within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before,the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU'114UST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. q�X, &f)-- Res e tful omitted: Date --- Matlltewt3 +ro.sfo592 Attorn laintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket#. BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance,your lender must consider you►•circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: CUSTOMEAMIRIMARY APPLICANT Borrower name(s): _ Property Address: City: State: lip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name.: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ ---- Mailim, Address(if different): City: State: 7_ip: _ Phone Numbers: Home:_ Office: Cell: _ Other: Entail: # of people in household: How long? — Mailin-, Address: City: State: Zip: Phone Numbers: Home:_ Office: _ Cell: Other: Email: -- _ of people in household: How long? FINANCIAL INFORMATION First ;Vfoi -,e Lenclei: Typc of'Loan: Loan Number: Date You Closed Your Loan: _ Second \Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $_ Included Taxes& Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ II'ycs, provide names, location of court, case number& attorney: Assets Amount Owed: Value: Flomc: $ $ Other Real Estate: $ $ Retirement funds: $ $ Investments: $ $- Checkinu: $ $ Savings $ Other: $ $ Automobile 9 1: Model: Year: Amount owed: Value: Automobile 42: Model: Year: Amount owed: Value: Other transportation (automobiles. boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. _ Monthly Gross Monthly Net _ 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): I monthly amount: 2. _ monthly amount:_ Borrower Pay Days:_ Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses YOU are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort gauc. --_--- --- Food _—._-- 2°` Mortgage Utilities Car Payment(s) Condo/Neigh. Fees _ Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment ' Cable TV Child_Support/Alien. 1 SL)ending Money Dav/Child C;.►rc/Tait. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income&.E:xpenses: Have yoU been working with a Housing Counseling Agency? Yes ❑ No ❑ Ifyes, please provide the following information: Counseling Agency: Counselor: Phone(Office): Fax: Email: Have you made application for Honceowners Emergency Mortgage Assistance Prograwt (HE'MAP) assistance? Yes No ❑ If yes, please indicate the status of the application: Have you hacl Lucy prior negotiations.with your lender or lender's loan servicing company to resolve your delinquency? . Yes❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information; if known, regarding your lender and lender's loan servicing company: Lewcler's Contact (Nance): Phone: Servicin�a Company (Nance): Contact: Phone: AUTIJORIZATION I/We, , authorize the above wanted to use/refer this information to lily lender/servicer for the sole purpose 01'Cwaluating illy financial siftl,16011 for possible mortgage options. I/We unclerstand that [Ave-am/are.under ncl obligation to use the counseling services provided by the above named I — Borrower Si�.InatUre Date , Co-1301-1-ower Signature Date ]'lease forward this document along Nvith the following information to lender and lender's counsel: .1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) C. Listing agreement (if property is currently on the market) Exhibit, B 291344 t `� �` r w 1,4,� z ,'A b _ `Z. . IFF jai_ ���� .: �I � IMrL+ i �' 1� gY R. a #�,f.�yyy�yy \ `?dYS Srhlttt 1- I Ch of l sit►M ct 4+"urr�b� d ,& Rrchtl W Stewart Sol�ertor"' , , , � , ,"."" f I'll - lr�--I � 4i�-1 11 . , 11 � '� ��,,,,,,�,.,"!",�:,I � " k «. �� s ofia pfi r ;, ; JP,Mvrg n Ghase Batik A"N v t Katth Rra�r,Jr {et al 11 '. 3 ;--. D , � � ERR I ,�w b r r ,,. F- �a7 R�TU RnnnV y� fC c F� R A,ntlarst�n; ShGn1�,whin" tom' � and t �ut}r ftrr tttetr+v}#htn nmediarng }y swnrr according 11,-1 11 3 ,battltwidk f�d�#he'e ` -`. ., tle en ant to wIt -Kerth`R . :-;� , sates that.he rr�at e''a�:d li .. .;. , 3 :t a r �rttrts the'v+tthtrt din 'l _;¢ Tay1111 J- �;,t�WasAunabte t :�t search Mortgage Foreotosiire�a p P nt to Mort a a locazt htm tti hts .. I-1 11 j ,( �* // /"1. y +� �!',y• ,yy.� �,,, /9 (, e �'ojrlo_surea�dof� e,nRs .° ..; ;" 1 t ft3 e'Yl rr��:471 `10j*fj-jai"'{- a. .«�i� rG{b FQ r �n.t 1Vttn� �tV3 I e a N �R st .t oocls R � than#Kedtt tdenttal W master#as conftrrnecl,$°lCerfh R Dart. , rtrsl Penrtsy}vanta: 7oj3 i ��,.., x_ a" r,Jt Request 1{3/9I2(}12R Taylor;.Ir rtes rrto svactTt "I he-Carltsie. Ronn ' !and}eft no fnt }r; adress 1.h( If -. nn,$SI1erlff,,who being derlY sworn at orcftn # '` R 11 and�inq� far fih ry a with}n n m6d defend tit.;to wt# n/}� r motes that ha rrtade a, °11 N,o + t � tlr}} ent search Mtut a Fo fharefor, ' #urns the with}n ell',csm latnt day}nr,bu#was unable to,locat 11 9 5� . . !eclosure�t i-`--- F . , t, 47ttg g Ft�rectos�tre'"'- a her irt'his ser�tr, at 5�4?Gr 6 arris Wn ,,rc►gram a nnt.four t s is the:ief ::,.; ,Notrca or i e ii entt t,' ;:has cattfirrneiil --° s,Road,Gar#t1a, nns iirarit andani�arATeytor ,�$I'll I Mary A Taylor has -,nvei#and left nn o; 17€?13}s�carjt , ha Carlisle R 5t,fofi I.10112/20 t2 ',t#�`55 pM r r,wardtng addiess nsfmaster 1.11 C tube- 2,201',2 at 5a ho utY hertff gwhoh�being du}y sworn accordrn t e' �3ndilV4trCe nsR83 s; $ rYBL��1 trht±3CtL3 ,tt1E .., n�e3YY SthS1 #.t)r1. .."I -111 111 A ,, ! Mortg ge=t=oreclnsure ' Y ,�... w thtr1,Cotnpla nt to AArirt ,, + Taiary, akin k - tverslon Program:•�} < ; :, e Foreclosure ild Pe b pnhe tort m x,.. CumbeNand Crtunty,ry nnsYn�ae77�?to herself persorTatt ,a 3t3A nli3rty I'll, I hm namedefertdatTt,#t sard true and cnrfiect,co d � I,A, Mentz'Camp H}ll, 1�rts cctrs#ants antl atthe Sartre tune handtn�to}Ter rserso oy of tie Santa al x I 11 Y�1 r 11,111,11,z� ��. %' w ,•�� �'.11 , i,t e.b bs u z t t,s' ,x r,' , STEP EN BENDER°'t}EFUTY SHRII 1¢GOST 11 I 11$107 00 r I'll< ," F S©AN RS, Octer�15, {l1 �� r. p SON, sHERIFI=1-11 A D C3N R R - _ -h "3' x .nom,+.: ' �'11 ' °' )' 'ar `I# 'r Y - A i p `k 3 t f E }4 X y ?S 5 5 ti H 11 I _ f w s aft�s, 1 a1 a.3 L1'.Y'o is p .�11, �� a 'l' f * �. P rdy 11 _icell€y - 3 I,I n } 9 1z I y 4 - s dy t x Sb Y b ' o z .:I ?'b t; 4� F S ye ll� ,. 1...�, ''. 9d8r tom' ' 3 11 , 11 r ,. �..: i:. b, .oa I :'s t 4 �, ,rte wil. _ y �+,,' __ Exhibit C 291344 AFFIDAVIT OF SERVICIi;—CUMBERLAND ccP PLEASE:POST BY:04/07/2013 PLAINTIFI+. COUNTY: CUMBERLAND JPMORGAN CHASE BANK,NATIONAL ASSOCIATION AS ATTORNEY IN FACT FOR THE COURT NO. 12-5906 CIVIL_ FEDERAL DESPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK FA SUCCESSOR BY MERGER TO BANK UNITED DEFENDANT KEITH R. TAYLOR A/K/A KEITH.R. TAYLOR, JR TYPE OF ACTION XX Mortgage Foreclosure SERVE AT` 514 GRAHAMS WOODS ROAD, CARLISLE, PA XX Civil Action 17013 Complaint on Promissory Note ***PLEASE POST THE PROPERTY*** ***IN ACCORDANCE WITH THE***** ***ATTACHED COURT ORDER****** Served / Posted and made known KEITH R. TAYLOR A/K/A KEITH R.TAYLOR, JR, Defendant on the, 'Tltly.of 20—fa!� at 7;/It o'clock .M.,at 514 GRAHAMS WOODS ROAD,CARLISLE,PA 17013,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/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 office of said defendant company.. Other:, Description: Age ^ Height, Weight Racc Sex .._„ Other I, e�' J a competent adult,being duly sworn according to law,depose and state that I personally posted a true and correct copy of the tomplaint in Mortgage Foreclosure issued in the captioned case on the dale and the address indicated above.I understand that this aMtcttictrt is inside�u17j et to the penalties of 18 Pa.C.S..Sec.4904 teltai1) �tnf Worn falsification to authorities. NAME: qb// / PRINTED N04 11:1 G•s °17 !'t rA,;t+�`' TITLE: (DY-6—car Pr ­ NOT SERVE D On the_day of ,20_,at_o'clock_M.,Defendant NOT FOUND because: _Vacant _Does Not Exist Moved Does Not Reside(Not Vacant) No Answer on nt at, Service Refused Other: PHS #291344 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 Term Plaintiff No. 2012-5906-CIVIL V. Cumberland County KEITH R. TAYLOR A/K/A KEITH R. TAYLOR, JR MARY A. TAYLOR 514 GRAHAMS WOODS ROAD CARLISLE, PA 17013 Defendants CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiffs Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: KEITH R. TAYLOR MARY A. TAYLOR 514 GRAHAMS WOODS ROAD 31.0 APRIL DRIVE CARLISLE, PA 17013 APT 5 CAMP HILL, PA 1 701 1-5002 Date: 1.4 By: os ph . Schalk, Esquire At me for Plaintiff 291344 a. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Court of Common Pleas 1 11.1 POLARIS PARKWAY COLUMBUS, OH 43240 Civil Division Term Plaintiff V. No.2012-5906-CIVIL KEITH R. TAYLOR A/K/A KEITH R. TAYLOR,JR Cumberland County MARY A. TAYLOR 514 GRAHAMS WOODS ROAD CARLISLE,PA 17013 Defendants ORDER AND NOW, this 1Z"* day of v w•.. , 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. Cc?1es fyz=t LL ♦ �i+j j . S"k ICA- 291344 I i i I i I 1 i CC : Keith R. Taylor and Mary A. Taylor YL Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff 7e PHELAN HA LLINAN LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 KEITH R. TAYLOR 514 GRAHAMS WOODS ROAD el CARLISLE, PA 17013 MARY A. TAYLOR 310 APRIL DRIVE APT 5 CAMP HILL, PA 17011-5002 291344 F' PHELAN HALLINAN, LLP 7 W7 PRO I JJONOTAR'�ttomey for Plaintiff John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 2�13 AUG 21 AN 10' 39 One Penn Center Plaza cUMBERLAND COUNTY Philadelphia, PA 19103 John.Kolesnik@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, CUMBERLAND COUNTY NATIONAL ASSOCIATION COURT OF COMMON PLEAS VS. CIVIL DIVISION KEITH R.TAYLOR A/K/A KEITH R. TAYLOR,JR No. 12-5906 CIVIL MARY A. TAYLOR 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 KEITH R. TAYLOR A/K/A KEITH R. TAYLOR,JR and MARY A. TAYLOR, 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 Plaintiffs damages as follows: As set forth in Complaint $126,908.12 TOTAL $126,908.12 I hereby certify that(1)the Defendants' last known addresses are 514 GRAHAMS, WOODS ROAD, CARLISLE, PA 17013 and 310 APRIL DR, APT 5 CAMP HILL, PA 17011- 5002, and (2)that notice has been given in accordance with Rule C P 237.L Date Michael Kolesnik,Esq., Id. No.308877 Attorney for Plaintiff yw 4 966j- DAMAGES ARE HEREBY ASSESSED AS INDICATE I fj \%Ace DATE: PH#785166 PROTHONOTARY 785166 mmim� PHELAN HALLINAN, LLP Attorney for Plaintiff John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 John.Kolesnik@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, CUMBERLAND COUNTY NATIONAL ASSOCIATION COURT OF COMMON PLEAS VS. CIVIL DIVISION KEITH R. TAYLOR No. 12-5906 CIVIL A/K/A KEITH R. TAYLOR,JR MARY A. TAYLOR 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 KEITH R. TAYLOR A/K/A KEITH R. TAYLOR, JR is over 18 years of age and the Defendant's last known address is 514 GRAHAMS WOODS ROAD, CARLISLE, PA 17013. (c) that defendant MARY A. TAYLOR is over 18 years of age and the Defendant's last known addresses are.310 APRIL DR,APT 5, CAMP HILL,PA 17011-5002 and 514 GRAHAMS WOODS ROAD, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date Ph Hallinan,LLP J Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 785166 Department of Defense Manpower Data Center Results as of:Aug-20-201306:00:10 SCRA 3.0 Fj/�' Stags Report r Pursuant to So r�iccrnerr�bers Civil Relief A�ct v`y Last Name: TAYLOR First Name: MARY Middle Name: A Active Duty Status As Of: Aug-20-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No. NA This response reflects the individuals'active duty status based on the Active Ouly Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - - No' NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or HislHer Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No' - NA This response reflects whether the Individual or 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. y6k Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 $ Department of Defense Manpower Data Center Results as of:Aug2424134600:. SCRA 3.0 0 status Report . ..' Pursuant to Sory comembers Cavil Relief Ac Last Name: TAYLOR First Name: KEITH Middle Name: R Active Duty Status As Of: Aug-20-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No - NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or HislHer Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA INA No NA This response reflects whether the Individual or hislher unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. 410, �i rf r Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 9 ' JPMORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS ASSOCIATION CIVIL DIVISION Plaintiff V. NO. 12-5906 CIVIL KEITH R.TAYLOR A/K/A KEITH R.TAYLOR,JR MARY A.TAYLOR CUMBERLAND-COUNTY Defendant(s) TO: MARY A.TAYLOR 514 GRAHAMS WOODS ROAD CARLISLE,PA 17013 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT,TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. EvIPORTANT 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 B y: �A'�e� 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 -PH#785166 JPMORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS ASSOCIATION CIVIL DIVISION Plaintiff V. NO. 12-5906 CIVIL KEITH R.TAYLOR A/K/A KEITH R.TAYLOR,JR MARY A.TAYLOR CUMBERLAND COUNTY Defendant(s) TO: MARY A.TAYLOR 310 APRIL DR,APT 5 CAMP HILL,PA 17011-5002 10 /1 . '? DATE OF NOTICE: —dl # .' 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 (71.7)249-3166 By:_ oLti_- 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 PH#785166 JPMORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS ASSOCIATION CIVIL DIVISION Plaintiff V. NO. 12-5906 CIVIL KEITH R.TAYLOR A/K/A KEITH R.TAYLOR;JR MARY A.TAYLOR CUMBERLAND COUNTY Defendant(s) TO: KEITH R.TAYLOR A/K/A KEITH R.TAYLOR,JR 514 GRAHAMS WOODS ROAD CARLISLE,PA 17013 DATE OF NOTICE: I I THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE. YOU '.ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN;TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD.TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,.PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 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 PH#785166 � (Rule of Civil Pro cedure No. 236) -Revised JPMORGAN CHASE BANK, NATIONAL CUMBERLAND COUNTY ASSOCIATION COURT OF COMMON PLEAS KEITH R. TAYLOR CIVIL DIVISION A/K/A KEITH R. TAYLOR,JR MARY A. TAYLOR No. 12-5906 CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on If you have any questions concerning this matter please contact: John Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 THIS FIRM IS A DEB T COLLECTOR A TTEMPTING TO COLLECT A DEB T AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE IFYOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THISISNOTAND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECTA DEBT,BUT 785166 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION AS ATTORNEY COURT OF COMMON PLEAS 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 CIVIL DIVISION BANK UNITED Plaintiff NO.: 12-5906 CIVIL V. CUMBERLAND COUNTY KEITH R.TAYLOR A/K/A KEITH R. TAYLOR,JR MARY A. TAYLOR Defendant(s) 1 To the Prothonotary: C Issue writ of execution in the above matter: roau � w co) =::a —0 Amount Due $126,908.12 Interest from 08/22/2013 to Date of Sale 2190.30 3'n =K ($20.86 per diem) =C) d CD Dc -4 TOTAL $129,098.42 Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Note: Please attach description of property. PH#711166 Qto 7. oo car- 103. '75 11. 'l5 lio• 50 " 01(�?•5Q PD Atry LL C) aas IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA 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 Plaintiff V. KEITH R.TAYLOR A/K/A KEITH R. TAYLOR,JR MARY A.TAYLOR Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Filed: Address where papers may be served: KEITH R.TAYLOR A/K/A KEITH R.TAYLOR,JR + Phelan Hallinan,LLP D4 KENRAY AVENUE Adam H.Davis,Esq.,Id.No.203034 DOVER,PA 17315-1142 Attorney for Plaintiff 'MARY A.TAYLOR 310 APRIL DR,APT 5 ` CAMP HILL,PA 17011-5002 a LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land,with improvements thereon erected,situate in the Township of Upper Frankford, County of Cumberland,Commonwealth of Pennsylvania,bounded and described as follows,to wit: BEGINNING at a nail located in the center of the intersection of Route T-448 and T-450; thence along a line in the center of Route T448,South 09 degrees 53 minutes 12 seconds West, 112.05 feet to a spike; thence North 42 degrees 06 minutes 00 seconds West,along lands now or late of Guy Foster, a distance of 371.67 feet to a point;thence North 52 degrees 24 minutes 00 seconds East,a distance of 87.45 feet to a point located in Route T-450;thence North 12 degrees 36 minutes 00 seconds West,a distance of 105.83 feet to a point; thence North 33 degrees 25 minutes 00 seconds West,a distance of 99.08 feet to a point;thence North 72 degrees 17 minutes 50 seconds East,along lands now or late of David Stanton for a distance of 433.41 feet to a nail located in the center of Route T-448;thence north 10 degrees 30 minutes 00 seconds East, through the center of Route T-448,for a distance of 83 feet to a nail;thence South 84 degrees 25 minutes 00 seconds East,a distance of 35 feet to a point;thence North 50 degrees 35 minutes 00 seconds East,for a distance of 9.84 feet to a point;thence North 05 degrees 08 minutes 37 seconds East,along lands now or late of Louis Mixell,for a distance of 360.47 feet to a point;thence South 88 degrees 51 minutes 23 seconds East, continuing along lands now or late of Louis Mixell,for a distance of 21.45 feet to a hickory tree;thence South 33 degrees 47 minutes 14 seconds East,along lands now or late of John McCoy,for a distance of 183.49 feet to a point; thence South 55 degrees 18 minutes 33 seconds West,for a distance of 134.57 feet to a point,along lands now or late of Franklin H.Smyser,Jr.to a point; thence South 19 degrees 33 minutes 28 seconds West,along lands now or late of Franklin H. Smyser,Jr.,for a distance of 261.38 feet to a point; thence South 45 degrees 54 minutes 52 seconds West,continuing along lands now or late of Franklin H. Smyser,Jr.,for a distance of 335.62 feet to a point,thence North 73 degrees 14 minutes 37 seconds West, along lands now or late of Franklin H.Smyser,Jr.,for a distance of 99 feet to a spike located in the center of Route T-448;thence South 16 degrees 56 minutes 12 seconds West,along the line in the center of Route T- .448,for a distance of 182.66 feet to a point,the place of BEGINNING. CONTAINING 7.08 acres. TITLE TO SAID PREMISES IS VESTED IN Keith R. Taylor,Jr. and Mary A. Taylor,h/w,by Deed from Richard P.Klingensmith and Barbara L. Klingensmith, aka, Barbara Klingensmith, dated 04/11/2005,recorded 04/25/2005 in Book 268,Page 2791. PREMISES BEING:514 GRAHAMS WOODS ROAD, CARLISLE,PA 17013 PARCEL NO.43-05-0419-017 PHELAN HALLINAN, LLP FILED-OFFICE Attorneys for Plaintiff Adam H. Davis,Esq., Id. No.203034 OF THE PROTHOVOTArN t 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza 2013 SEP _4 AM 10,. 4 E3 Philadelphia, PA 19103 Adam.Davis @PhelanHallinan.com CUMBERLAND COUNTY 215-563-7000 1 PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL ASSOCIATION AS COURT OF COMMON PLEAS ATTORNEY IN FACT FOR THE FEDERAL DESPOSIT INSURANCE CORPORATION AS RECEIVER OF CIVIL DIVISION WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK FA SUCCESSOR BY MERGER TO BANK NO.: 12-5906 CIVIL UNITED Plaintiff CUMBERLAND COUNTY V. KEITH R. TAYLOR A/K/A KEITH R. TAYLOR,JR MARY A. TAYLOR Defendant(s) 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 (X) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: �Gt�t1 Phelan Hallinan,LLP Adam H. Davis,Esq.,Id.No.203034 Attorney for Plaintiff JPMORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS ASSOCIATION AS ATTORNEY IN FACT FOR THE ' FEDERAL DESPOSIT INSURANCE CORPORATION AS CIVIL DIVISION RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK FA SUCCESSOR BY NO.: 12-5906 CIVIL MERGER TO BANK UNITED Plaintiff CUMBERLAND COUNTY V. CD KEITH R. TAYLOR A/K/A KEITH R. TAYLOR,JR = MARY A. TAYLOR Defendant(s) i=-0 m C AFFIDAVIT PURSUANT TO RULE 3129.1 p° $ C'" =--- =o © o` JPMORGAN CHASE BANK,NATIONAL ASSOCIATION AS ATTORNEY IN FACT FOR THFA►JFPERAL 5 DESPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A W�$HTO MUTUAL BANK FA SUCCESSOR BY MERGER TO BANK UNITED,Plaintiff in the above action,by the undersigned attorh�y, sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 514 GRAHAMS WOODS ROAD,CARLISLE,PA 17013. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) KEITH R.TAYLOR A/K/A KEITH R. D4 KENRAY AVENUE,DOVER,PA 1731.5-1142 TAYLOR,JR MARY A.TAYLOR 310 APRIL DR,APT 5,CAMP HILL,PA 17011- 5002 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) KEITH R.TAYLOR A/K/A KEITH R. D4 KENRAY AVENUE TAYLOR,JR DOVER,PA 17315-1142 MARY A.TAYLOR 310 APRIL DR,APT 5 CAMP HILL,PA 1.701.1-5002 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. 5. Name and address of every other person who has any record lien on the property: PH#7851.66 Name Address(if address cannot be reasonably ascertained,please indicate) None. z 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 514 GRAHAMS WOODS ROAD CARLISLE,PA 17013 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 1.5222 U.S.Department of Justice 228 Walnut Street,Suite 220 U.S.Attorney for the Middle District of PA PO Box 11754 Federal Building Harrisburg,PA 17108-1754 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: V By: /r CA^"' 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 191.03 215-563-7000 PH#785166 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION AS COURT OF COMMON PLEAS ATTORNEY IN FACT FOR THE FEDERAL DESPOSIT JNSURANCE CORPORATION AS RECEIVER OF CIVIL DIVISION j WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK FA SUCCESSOR BY MERGER TO BANK NO.: 12-5906 CIVIL UNITED . Plaintiff CUMBERLAND COUNTY c.� C-) Vs. m m KEITH R. TAYLOR A/K/A KEITH R.TAYLOR,JR MARY A. TAYLOR -- Defendant(s) -n t xr a X-C—) :X =cam =C:) G NOTICE OF SHERIFF'S SALE OF REAL PROPERTY s'= TO: KEITH R. TAYLOR A/K/A KEITH R. KEITH R. TAYLOR A/K/A KEITH R. TAYLOR,JR TAYLOR,JR D4 KENRAY AVENUE MARY A. TAYLOR DOVER,PA 17315-1142 514 GRAHAMS WOODS ROAD CARLISLE, PA 17013 KEITH R. TAYLOR A/K/A KEITH R. MARY A. TAYLOR TAYLOR,JR MARY A. TAYLOR 514 GRAHAMS WOODS ROAD 310 APRIL DR,APT 5 CARLISLE, PA 17015 CAMP HILL,PA 17011-5002 MARY A. TAYLOR TAYLOR#MARY#A CARLISLE,PA 17013 "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 514 GRAHAMS WOODS ROAD, CARLISLE,PA 17013 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$126,908.12 obtained by 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 (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. L 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. 12-5906 CIVIL 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. KEITH R. TAYLOR A/K/A KEITH R. TAYLOR,JR MARY A. TAYLOR owner(s) of property situate in the UPPER FRANKFORD TOWNSHIP, CUMBERLAND County, Pennsylvania, being 514 GRAHAMS WO.ODS ROAD, CARLISLE PA 17013 Parcel No. 43-05-0419-017 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $126,908.12 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land,with improvements thereon erected,situate in the Township of Upper Frankford,County of Cumberland,Commonwealth of Pennsylvania,bounded and described as follows,to wit: BEGINNING at a nail located in the center of the intersection of Route T-448 and T-450;thence along a line in the center of Route T-448,South 09 degrees 53 minutes 12 seconds West, 112.05 feet to a spike;thence North 42 degrees 06 minutes 00 seconds West,along lands now or late of Guy Foster,a distance of 371.67 feet to a point;thence North 52 degrees 24 minutes 00 seconds East,a distance of 87.45 feet to a point located in Route T450;thence North 12 degrees 36 minutes 00 seconds West,a distance of 105.83 feet to a point; thence North 33 degrees 25 minutes 00 seconds West,a distance of 99.08 feet to a point;thence North 72 degrees 17 minutes 50 seconds East,along lands now or late of David Stanton for a distance of 433.41 feet to a nail located in the center of Route T-448;thence north 10 degrees 30 minutes 00 seconds East,through the center of Route T-448,for a distance of 83 feet to a nail;thence South 84 degrees 25 minutes 00 seconds East,a distance of 35 feet to a point;thence North 50 degrees 35 minutes 00 seconds East,for a distance of 9.84 feet to a point;thence North 05 degrees 08 minutes 37 seconds East,along lands now or late of Louis Mixell,for a distance of 360.47 feet to a point;thence South 88 degrees 51 minutes 23 seconds East, continuing along lands now or late of Louis Mixell,for a distance of 21.45 feet to a hickory tree;thence South 33 degrees 47 minutes 14 seconds East,along lands now or late of John McCoy,for a distance of 183.49 feet to a point;thence South 55 degrees 18 minutes 33 seconds West,for a distance of 134.57 feet to a point, along lands now or late of Franklin H.Smyser,Jr.to a point;thence South 19 degrees 33 minutes 28 seconds West,along lands now or late of Franklin H. Smyser,Jr.,for a distance of 261.38 feet to a point; thence South 45 degrees 54 minutes 52 seconds West,continuing along lands now or late of Franklin H. Smyser,Jr.,for a distance of 335.62 feet to a point,thence North 73 degrees 14 minutes 37 seconds West, along lands now or late of Franklin H.Smyser,Jr.,for a distance of 99 feet to a spike located in the center of Route T-448;thence South 16 degrees 56 minutes 12 seconds West,along the line in the center of Route T- 448,for a distance of 182.66 feet to a point,the place of BEGINNING. CONTAINING 7.08 acres. TITLE TO SAID PREMISES IS VESTED IN Keith R.Taylor,Jr. and Mary A.Taylor,h/w,by Deed from Richard P. Klingensmith and Barbara L. Klingensmith, aka,Barbara Klingensmith, dated 04/11/2005,recorded 04/25/2005 in Book 268,Page 2791. PREMISES BEING:514 GRAHAMS WOODS ROAD,CARLISLE,PA 17013 PARCEL NO.43-05-0419-017 y WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-5906 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 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 Plaintiff(s) From KEITH R.TAYLOR a/k/a KEITH R.TAYLOR,JR MARY A.TAYLOR (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: $126,908.12 L.L.: $.50 Interest from 8/22/13 to Date of Sale($20.86 per diem) -- $2,190.30 Atty's Comm: Due Prothy:$2.25 Atty Paid: $267.50 Other Costs: Plaintiff Paid: Date: 9/4/13 David D. Bue ,Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: ADAM H.DAVIS,ESQUIRE Address: Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Attorney for:Plaintiff Telephone:215-563-7000 Supreme Court ID No. 203034 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL • Court of Common Pleas • ASSOCIATION 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.: 12-5906 CIVIL -(17-6 Plaintiff — v. t f KEITH R. TAYLOR A/K/A KEITH R. TAYLOR, JR :. MARY A. TAYLOR 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 24, 2012. 2. Judgment was entered on August 21, 2013 in the amount of$126,908.12. 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 785166 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. 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 $122,180.02 Interest Through December 4, 2013 $20,287.31 Late Charges $181.76 Legal fees $1,700.00 Cost of Suit and Title $1,102.30 Property Inspections $294.00 Property Preservation $1,639.20 Escrow Deficit $10,657.15 TOTAL $158,041.74 6. Plaintiff paid the following in taxes and insurance during the time the loan was in default: 9/19/2011 ESCROW BALANCE ($364.85) 3/15/2012 HOMEOWNERS INSURANCE $1,282.00 4/6/2012 TOWNSHIP TAX $386.11 7/24/2012 HOMEOWNERS INSURANCE $2,630.00 8/16/2012 SCHOOL TAX $2,036.00 3/26/2013 TOWNSHIP TAX $426.19 6/7/2013 HOMEOWNERS INSURANCE $2,178.00 8/7/2013 SCHOOL TAX $2,083.70 TOTAL $10,657.15 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 785166 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 9. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief 10. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on November 4, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9)and certification of mailing are attached hereto, made part hereof, and marked as Exhibit"B". 11. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order to Lift Conciliation Stay dated June 12, 2013 . WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: //7/4/A By: �(.fjt Adam H. Davis, Esquire ATTORNEY FOR PLAINTIFF 785166 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL • Court of Common Pleas • ASSOCIATION 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.: 12-5906 CIVIL • Plaintiff v. KEITH R. TAYLOR A/K/A KEITH R. TAYLOR, JR MARY A. TAYLOR Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE KEITH R. TAYLOR A/K/A KEITH R. TAYLOR,JR and MARY A. TAYLOR 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 514 GRAHAMS WOODS ROAD, CARLISLE, PA 17013. The Mortgage indicates that in the event of a default in the mortgage, 785166 Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). 785166 The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545,2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment,and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 785166 III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel,424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266,270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However,Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE 785166 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. VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). 785166 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 Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 785166 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. 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 785166 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 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. 785166 WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: /OVA/ By: Adam H. Davis, Esquire Attorney for Plaintiff 785166 • Exhibit "A" 785166 FILED-OFFICE PHELAN HALLINAN, LLP U F THE P 4 OTHO N O TAR IA ttorney for Plaintiff John Michael Kolesnik, Esq., Id.No.30883�13 AUG 21 A1110: 39 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza CUMBERLAND COUNTY Philadelphia,PA 19103 PENNSYLVANIA John.Kolesnik@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, : CUMBERLAND COUNTY NATIONAL ASSOCIATION Attu,l Please RT OF COMMON PLEAS vs. : CIVIL DIVISION KEITH R.TAYLOR A/K/A KEITH R.TAYLOR,JR : No. 12-5906 CIVIL MARY A.TAYLOR • PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Attorney g1e Kindly enter judgment in favor' + gd against KEITH R.TAYLOR A/K/A KEITH R.TAYLOR JR and MARY A.TA 41+ ' 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 $126,908.12 TOTAL $126,908.12 I hereby certify that(1)the Defendants'last known addresses are 514 GRAHAMS WOODS ROAD, CARLISLE,PA 17013 and 110 APRIL DR,APT 5 CAlvir HILL,PA 17011- __ :-1 nonce has een given in accordance with Rul-. P 237.1. Date g/206/3 ` t"r I . i i Michael Kolesnik,Esq.,Id. fir o.308877 Attorney or Plaintiff (0040 DAMAGES EREBY ASSESSED AS INDICATED. DATE: pl c PH#785166 PROTHONOTARY 785166 Exhibit "B" 785166 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 Novembert ,2013 KEITH R. TAYLOR MARY A. TAYLOR A/K/A KEITH R. TAYLOR,JR 310 APRIL DR D4 KENRAY AVENUE APT 5 DOVER,PA 17315-1142 CAMP HILL,PA 17011-5002 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. KEITH R.TAYLOR,A/K/A KEITH R. TAYLOR,JR and MARY A. TAYLOR Premises Address: 514 GRAHAMS WOODS ROAD CARLISLE,PA 17013 CUMBERLAND County CCP,No. 12-5906 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 11,/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, • -�,.-c Adam H. Davis, Esq., Id.No.203034 Attorney for Plaintiff Enclosure 785166 ....,tt>.:a.;,',w.<, 3.,.".� ., '::f:'.�"��..'.F. .�.���.'- �. t:...:s.':'��::.'^'i x;� A:�': .�•':3;{. �w..-.�k.'.. ..Z.:.�v„.:.4,.!y:. x.••.,�, y ': < d < S;s' t ; r ' ! �t.:i! .► : ' ,x=:� `�y , 4ti.(r3 � }f'' 'f• V'.4.':! . ;3%'' : Yi' :.xc.y.rx �i' . ':.?' .t ..:.Y.. � i. �h:..F . •.. :. . . ..�, s.^%. .. r :,;:•,=;:::,.....,...,.:,,,,,,. " . . . Kfvr .. _ a i . .. .. a• ...vu. x. ...• rl Paz vo ACN i6tigE 0O0 . ?F;i4,,:^r.,:: . _ !r•1 oo , ,; �> .: S3M06,t3N1140g 1,"11„ STI :, R .; 1g .. X13- ,wy_4 Q� v � A. �qq ,- x jil HI S 1141 V+ liD1 ac • i ,$1,I. w L3 ..., I- I • ...__ ,11,1 v g ce ic U 4 S . �. °a if ce � �� a ~ aa �+ a ° a t i h t E F 11i ..1 i,” ti ro * *4 4 i *4 4 4 N • li g _ . t,L Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis @PhelanHallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL • Court of Common Pleas • ASSOCIATION 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.: 12-5906 CIVIL • Plaintiff v. KEITH R. TAYLOR A/K/A KEITH R. TAYLOR, JR MARY A. TAYLOR 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. KEITH R. TAYLOR KEITH R. TAYLOR A/K/A KEITH R. TAYLOR, JR A/K/A KEITH R. TAYLOR,JR D4 KENRAY AVENUE MARY A. TAYLOR DOVER, PA 17315-1142 514 GRAHAMS WOODS ROAD CARLISLE, PA 17013 785166 MARY A. TAYLOR MARY A. TAYLOR 41 GLASGOW CT 310 APRIL DR HERSHEY, PA 17033-2174 APT 5 CAMP HILL, PA 17011-5002 Phelan Hallinan,LLP DATE: 11/(3//,3 By: Adam H. Davis, Esquire ATTORNEY FOR PLAINTIFF 785166 AFFIDAVIT OF SERVICE(FNMA) _ PLAINTIFF CUMBERLAND COUNTY 1 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION AS ATTORNEY IN FACT FOR THE FEDERAL DESPOSIT PH#785166 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 KEITH R.TAYLOR A/K/A KEITH R.TAYLOR,JR COURT NO.:12-5906 CIVIL MARY A.TAYLOR SERVE KEITH R.TAYLOR A/K/A KEITH R.TAYLOR,JR AT: TYPE OF ACTION . D4 KENRAY AVENUE XX Notice of Sheriffs S ale DOVER,PA 17315-1142 SALE DATE: December 4,2013 SERVED Served and made known to KEITH R. TAYLOR A/K/A KEITH R. TAYLOR, JR, Defendant on then V of P , 20 0,at 012 6, lock 64.M.,at D 14 k-el �y AIk �1� in the manner described below: \a 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). T' t _Agent or person in charge of Defendant's office or usual place of business. �%G an officer of said Defendant's company. P _Other: -� Description: Age�� Height S 1� Weight !P'� Race fi. Sex t/�Other I, ,fi1Z1JZ 1J lljJn!, , 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 1.8 Pa.C.S. Sec.4904 relating to unsworn falsification to authorities. h DATE: NAME: iD-Z-13 3 PRINTED NAME: 0a ng l w !="4 ' < TITLE:C—D V ST,/ NOT SERVED On the day of C 20% ,at o'clock A.M.,I, n 4 W ; a competent adult hereby state that Defendant NUTFOUND because: Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) No Answer on /D 1-0 at lS uo _/t�-y- 13 at 14a 1 _Service Refused _ Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom fats' t tion to u BY: PRINTED NAME:-&Wd ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY J JPMORGAN CHASE BANK,NATIONAL ASSOCIATION AS ATTORNEY IN FACT FOR THE FEDERAI,DESPOSIT PH#785166 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 KEITH R.TAYLOR A/K/A KEITH R.TAYLOR,JR COURT NO.:12-5906 CIVIL ' MARY A.TAYLOR l .'s SERVE MARY A.TAYLOR AT: TYPE OF ACTION -10 C" 41 GLASGOW CT XX Notice of Sheriff's Sale Cn HERSHEY,PA 17033-2174 SALE DATE: December 4,2013 Z (5)© SERVED S# Served and made known to MARY A.TAYLOR,Defendant on the L day of i ©Lwuo bb-,20 3,at y tT 7:t q o'clock je.M.,at 4-hr- et 60 in the manner described below: pG� F_ ?'-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: r Description: Age 30 Height S S�-Weight 17D- Race W Sex 1 Other I, GnS' tIt\eAhia 14-4er 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: 11 ( 3 NAME: PRINTED NAME: TITLE: Co"r-k 6 h. NOT SERVED On the day of 20_,at o'clock .M.,1, a competent adult hereby state thaFl endant N707 �D 6'ecause: _Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 A � E. IN THE COURT OF COMMON PLEAS OF 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.: 12-5906 CIVIL Plaintiff '-°`= C rn CD nr- KEITH R. TAYLOR .-<< ' a A/K/A KEITH R. TAYLOR, JR A. TAYLOR , Defendants RULE AND NOW,this i i l day of /Vov+ 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 TH COURT "--"/ ' J. 1:4- ty igi)i:s Kam ,,`-T I1.., al=afal (757IaL_ Wa oh 2 785166 a Adam H.Davis,Esq.,Id.No.203034 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 KEITH R. TAYLOR KEITH R. TAYLOR A/K/A KEITH R. TAYLOR,JR A/K/A KEITH R. TAYLOR, JR D4 KENRAY AVENUE MARY A. TAYLOR DOVER, PA 17315-1142 514 GRAHAMS WOODS ROAD CARLISLE,PA 17013 MARY A. TAYLOR 41 GLASGOW CT MARY A. TAYLOR HERSHEY, PA 17033-2174 310 APRIL DR APT5 CAMP HILL, PA 17011-5002 785166 785166 3l11t{ 7 pi``; i e PENN @yLa�(3I�1'1 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 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.: 12-5906 CIVIL Plaintiff vs. KEITH R. TAYLOR A/K/A KEITH R. TAYLOR, JR MARY A. TAYLOR Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's November 20, 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. KEITH R. TAYLOR KEITH R. TAYLOR A/K/A KEITH R. TAYLOR, JR A/K/A KEITH R. TAYLOR, JR D4 KENRAY AVENUE MARY A. TAYLOR 785166 ,S DOVER, PA 17315-1142 514 GRAHAMS WOODS ROAD CARLISLE, PA 17013 MARY A. TAYLOR 41 GLASGOW CT MARY A. TAYLOR HERSHEY, PA 17033-2174 310 APRIL DR APT 5 CAMP HILL, PA 17011-5002 Phelan Hallinan, LLP DATE: /f /24/i3 By: J athan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 785166 t 7;,,,, „444,,, ,1 ) 1 DEC 3 , fit; i PHELAN HALLINAN,LLP n•', � Attorney r Plaintiff John Michael Kolesnik,Esq.,Id.No.308877 r..����3 f��. 0 Ou�d T,,,. 1617 JFK Boulevard, Suite 1400 SY(_�,�p��1 One Penn Center Plaza Philadelphia,PA 19103 John.Kolesnik@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL CUMBERLAND COUNTY ASSOCIATION AS ATTORNEY IN FACT FOR . 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.: 12-5906 CIVIL Plaintiff, . v. KEITH R.TAYLOR A/K/A KEITH R.TAYLOR,JR MARY A.TAYLOR 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 . s or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached h• ' '' - lit"A". / Joh jig 'chael Kolesnik,Esq.,Id.No.308877 //�i��^Pi for Plaintiff Date: �/ IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#785166 • JPMORGAN CHASE BANK,NATIONAL • COURT OF COMMON PLEAS • ASSOCIATION AS ATTORNEY IN FACT FOR THE FEDERAL DESPOSIT INSURANCE CORPORATION AS • CIVIL DIVISION RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK FA SUCCESSOR BY • NO.: 12-5906 CIVIL • MERGER TO BANK UNITED Plaintiff • CUMBERLAND COUNTY v. KEITH R. TAYLOR A/K/A KEITH R. TAYLOR,JR MARY A. TAYLOR Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 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,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 514 GRAHAMS WOODS ROAD,CARLISLE,PA 17013. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) KEITH R.TAYLOR D4 KENRAY AVENUE A/K/A KEITH R.TAYLOR,JR DOVER,PA 17315-1142 MARY A.TAYLOR 310 APRIL DR,APT 5, CAMP HILL,PA 17011-5002 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) KEITH R.TAYLOR D4 KENRAY AVENUE A/K/A KEITH R.TAYLOR,JR _ DOVER,PA 17315-1142 MARY A.TAYLOR 310 APRIL DR,APT 5 CAMP HILL,PA 17011-5002 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. PH#785166 • 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 514 GRAHAMS WOODS ROAD CARLISLE,PA 17013 KEITH R.TAYLOR 10 W.HIGH STREET C/O STACY B.WOLF,ESQUIRE CARLISLE,PA 17013 MARY A.TAYLOR 113 IRON FURNACE CT C/O MICHAEL J.WILSON,ESQUIRE LEWISBERRY,PA 17339 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: 07/1 s : Ph) n Hallinan,LLP J. n Michael Kolesnik,Esq.,Id.No.308877 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#785166 • £LOZ VO AON 1,61 01E3 DOO 71 i'=„2,.,€i. Mt n -1. OOP £0181 J - � f? I iliA . ,�. :� g bv & b*15. r: Etz iill 4 A r lt ai W 114 VA O M N 4 6 .11,2.11 47 4 *lc t S at - cn w g * 1 2 ° 44 ao i at 4i4 ai iI a ... . ..... .... ... Z o o 0c 'd 1~3 to ad„ >4 � A44 as.1 .� C -i i I-I M I-+ d a.C X11”) #g ac,a � z :P.1, '1..4 1 -4't i 01 114'" i Ti �y z y 1 z : te v * W n U r- 'C1 c 00 00 en N. lt X c U 2 • Name and Phelan Hallinan,LLP 11 41 Address 1617 JFK Boulevard.Suite 1400 0; Of Sender One Penn Center Plaza F°11 8 Philadelphia,PA 19103 AZIOPAB•12'0412013 SALE 1 ma— Line Article Number Name of Addressee,Street,and Post Office Address Postage °+ I 11 zy 1 w,wew TENANT/OCCUPANT 30.45 �_ I:� wne°'i 514 GRAHAMS WOODS ROAD • S CARLISLE,PA 17013 N dc°+ 2 **** Domestic libations of $0.45 Cumberland County f ; :- 13 North Hanover Street .. " Carlisle.PA 17013 �. "� ' 3 **** Commonwealth of Pennsylvania $0.45 ;?..).17A:=:-S::."..': , Department of Welfare : P.O.Box 2615 • I., Harrisburg,PA 17105 4 **''* Internal Revenue Servile Advisory $0.45 1000 Liberty Avenue Room 794 • Pittsbtgh,PA 15222 . 5 **** US.DepartmentorJustke $0.45 U.S.Attorney for the/fiddle District of PA i°. Federal Building 228 Walnut Street,Suite220 .' PO Box 11754 1'Z aa' Harrisburg,PA 17108-1754 . J R.V..KEITH R TAYLOR A/10 A tETTH R.TAYLOR,JR(CUMBERLAND) PH t8 785166/1021 52.25 ='4 ,'` vv**IP e i of l . Writ leant owl Member of Tool Number of Nom t i stmeuet.Per(Naene of 1 Tee ttel declaration of vine is rnetioo I eeitnered. t Ttw inikinya Retrn y pbk tegoF�ed pn d37 tUmestic end kue 4k. iota UMW hfSoedo Received alPcntilt& Receivingfmirtoeo) for the r0:01m!rat.i nofnomegenehte reumnU anuturn s Mn itt WWm2trar it.,,tiraraeitSS9,OCOpr picot mbf't o:lima or33t0,p0a per accurrcru 1 is rrnsGmte.imcaamy p55, Pun Pam Mail eseritandl,e rs 1,01 _ Ile nm,irmn,rode malty payable iss 525 WO for repsterod bi,sent wish e$n inrwoee,See Dorm..!fail Mom.) --...-- -- -- -- - _ --- R COO S913 and Se21 for iimitstinrnefcsveme. _ 'arm 3877 Facsimile F I t { 2613 DEC I I AM 0 53 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION 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.: 12-5906 CIVIL Plaintiff VS. KEITH R. TAYLOR A/K/A KEITH R. TAYLOR, JR MARY A. TAYLOR Defendants PRAECIPE TO WITHDRAW MOTION TO REASSESS DAMAGES TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion to Reassess Damages, filed on November 14, 2013 in the above referenced action. Phelan Hallinan, LLP DATE: ! Z//D �/ By: G✓ mot/ Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 785166 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis @PhelanHallinan.com 215-563-7000 JPMORGAN CHASE BANK, NATIONAL Court of Common Pleas ASSOCIATION 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.: 12-5906 CIVIL Plaintiff vs. KEITH R. TAYLOR A/K/A KEITH R. TAYLOR, JR MARY A. TAYLOR Defendants CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to Withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. KEITH R. TAYLOR KEITH R. TAYLOR A/K/A KEITH R. TAYLOR, JR A/K/A KEITH R. TAYLOR, JR D4 KENRAY AVENUE MARY A. TAYLOR 785166 DOVER, PA 17315-1142 514 GRAHAMS WOODS ROAD CARLISLE, PA 17013 MARY A. TAYLOR 41 GLASGOW CT MARY A. TAYLOR HERSHEY, PA 17033-2174 310 APRIL DR APT 5 CAMP HILL, PA 17011-5002 Phelan Hallinan, LLP DATE: / By: �y Adam H. Davis, Esq., Id.No.203034 Attorney for Plaintiff 785166 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff t a,iratar4/4 Jody S Smith Chief Deputy : r Richard W Stewart Solicitor 0" ,4 CU 10 rrL :Iii a)tiN I i PENNSYLVANIA JP Morgan Chase Bank, NA Case Number vs. Keith R. Taylor, Jr. (et al.) 2012-5906 SHERIFF'S RETURN OF SERVICE 09/20/2013 04:13 PM - Deputy Ryan Burgett, 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 514 Grahams Woods Road, Upper Frankford - Township, Carlisle, PA 17013, Cumberland County. 12/04/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on December 04, 2013 at 10:00 AM. He sold the same for the sum of$1.00 to Attorney Joseph Schalk, on behalf of Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $843.77 SO ANSWERS, g7r:" February 07, 2014 RONNY R ANDERSON, SHERIFF DO aeh sz, 9 '9,v 30 ag-7 us[y i t ,h6'1 f,1"F.'-osoht, cc • LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No.2012-5906 Civil Term JP MORGAN CHASE BANK,NA vs. KEITH R.TAYLOR,JR., Mary A.Taylor Atty.:Joseph Schalk By virtue of a Writ of Execution No. 12-5906 CIVIL, JPMORGAN CHASE BANK,NATIONAL ASSOCIA- TION AS ATTORNEY IN FACT FOR THE FEDERAL DESPOSIT INSUR- ANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK f/k/a WASHINGTON MUTUAL BANK FA SUCCESSOR BY MERGER TO BANK UNITED v.KEITH R.TAYLOR a/k/a KEITH R.TAYLOR,JR.,MARY A. TAYLOR owner(s) of property situate in the UPPER FRANKFORD TOWNSHIP,CUMBERLAND County, Pennsylvania, being 514 GRAHAMS WOODS ROAD, CARLISLE, PA 17013. Parcel No.43-05-0419-017. Improvements thereon:RESIDEN- TIAL DWELLING. Judgment Amount:$126,908.12. 123 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, Ed' or SWORN TO AND SUBSCRIBED before me this da of October, 2013 ems. -,, ) Notary r FL,RiAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. 2020 Technology Pkwy e atriotXews Suite 30'0 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is 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. 2012-5906 Clvll Tenn JP MORGAN CHASE BANK,NA This ad ran on the date(s) shown below: KEITH R.TAYLOR,JR. 10/13/13 Mary A.Taylor 10/20/13 Atly: Joseph Schalk By virtue of a Writ of Execution No.12-5906 10/27/13 CIVIL JPMORGAN CHASE BANK,NATIONAL ASSOCIATION AS ATTORNEY IN 41/0 S/ FACT FOR THE FEDERAL DESPOSIT •INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON S or o and subscribed before me this 11 day of November, 2013 A.D. MUTUAL BANK FA SUCCESSOR BY MERGER TO BANK UNITED v. KEITH R. TAYLOR A/K/A KEITH R. TAYLOR,JR ary Public MARY A.TAYLOR owner(s) of property situate in the UPPER FRANKFORD TOWNSHIP, CUMBERLAND County, Pennsylvania, being rr aT 'r e i1 `-‘,c `tENNSYL.VANIA 514 GRAHAMS WOODS ROAD, ._ CARLISLE,PA 17013 - Parcel No.43-05-0419-017 �l�'C ;"�' (Acreage or street address) �hln Cc';.igi:y Improvements thereon: RESIDENTIAL L —ivlp �srt n s ion E 1Sres Dec.12,2016 DWELLING NIEM ER_PENNSYLVANIA ASSOCIA ION OF NOTARIES Judgment Amount:$126,908;12 ; COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal National Mortgage Association is the grantee the same having been sold to said grantee on the 4th day of December A.D., 2013,under and by virtue of a writ Execution issued on the 4th day of September, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 5906, at the suit of JPMorgan Chase Bank,National Association as AIF for Federal Deposit Insurance Corp as Receiver for Washington Mutual Bank against Keith R. Taylor A/K/A Keith R. Taylor Jr. and Mary A. Taylor is duly recorded as Instrument Number 201404231. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this c3 c day of Fe-b , A.D. oiq )i,G(A/U �C . L1).C'.6i1/ 1 ,2(14 RIM&sf9sskCMnbsAsnd County,CsrMsls,M Recorder of Deeds Nh Csnmiesisn Expires the First Monday of Jun.2018