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HomeMy WebLinkAbout12-7272 ~~1~ DEC -3 A~ ~D. ~7 C'~M~E~LAND CDt~N ~,~; PENNSYLYANlA PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., ld. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, N.A I 1 I 1 POLARIS PARKWAY COLUMBUS, OH 43240 273473 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION v. Plaintiff DAVID N. CRAFT 39 GREENING LIFE LANE SHERMANS DALE, PA 17090-8834 Defendant TERM No. ~~' 7a"7~- CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File#: ?7;}73 $~~3. ~~~P~~Y l.~-.s'/ S~~ z NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 (800)990-91.08 F~ae#: ~~;a~3 Plaintiffis JPMORGAN CHASE BANK, N.A 1111 POLARIS PARKWAY COLUMBUS, OH 43240 2. The name(s) and last known address(es) of the Defendant(s) are: DAVID N. CRAFT 39 GREENING LIFE LANE SHERMANS DALE, PA 17090-8834 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/09/2007 DAVID N. CRAFT made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FRANKLIN AMERICAN MORTGAGE COMPANY which mortgage is recorded in the Otfice of the Recorder of CiJMBERLAND County, in Mortgage Book 1999, Page 3966. By Assignment of Mortgage recorded 03/05/2012 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201206482.The mortgage and assiemnent(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(8); which Rule relieves the Plaintiff from its obligations to attach da:uments 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 0910 1 /20 1 0 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 11/15/2012: File #: ?73473 Principal Balance $225,859.50 Interest $32,988.48 08/01 /2010 through 11 / 15/2012 Late Charges $669.84 Property Inspections $196.00 Property Preservation $2,932.52 AppraisaUBrokers Price Opinion $250.00 Escrow Deficit 11 288.44 TOTAL $274,184.78 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(sj has/leave received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. The mortgage premises are vacant and abandoned. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $274,184.78, 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. & SCHMIEG, LLP Plaintiff Esquire File#: ?73473 LEGAL DESCRIPTION All that certain tract or parcel of land and premises, situate, lying and being in the Borough of Lemoyne in the County of Cumberland and Commonwealth of Pennsylvania more particularly described as follows: TRACT NO. 1 On the North by Indiana Avenue, on the East by West Park Avenue, on the South by Lot No. 33 and on the West by Lot No. 15, containing fifty (50) feet in front on Indiana Avenue and extending in a Southerly direction an even width one hundred thirty (130) feet to Lot No. 33, aforesaid. Being Lot No. 16 on a Plan of Lots known as Washington Heights, said Plan being recorded in the Recorder's Office in and for Cumberland County in Plan Book J, Page 24. TRACT N02 Beginning at a point on the Southern line of Indiana Avenue at the line of lands now or late of Herman F. Kiehl, known as Lot No. 16 on the hereinafter mentioned Plan of Lots; thence in a Southerly direction along the Western line of said Lot No. 16, one hundred thirty (130j feet to a point on the Northern line of Lot No. 34 on said Plan; thence in a Westerly direction along the Northern line of said Lot No. 34, twenty (20) feet to a point; thence in a Northerly direction along a line drawn parallel with the Western line of Lot No. 16 above mentioned to a point on the Southern line of Indiana Avenue; thence in an Easterly direction along the Southern line of Indiana Avenue, twenty (20) feet to the place of Beginning. Being the Eastern twenty (20) feet of lot No. 15 Plan of Washington Heights, recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book J, Page 24. PROPERTY ADDRESS: 818 INDIANA AVENUE, LEMOYNE, PA 17043-1563 PARCEL # 12-21-0267-129 Filc #: ??3473 Pennsylvania Verification Kathryn Coffee-House ,hereby states that he/she is Vice President of JPMor~an Chase Bank, N.A. the Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information, and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Kathryn Coff~e-House Vice President Date: 11/26/12 JPMor~an Chase Bank, N.A Borrower: Craft Property Address: 818 Indiana Ave. Lemoyne, PA 1.7043 County: Cumberland Last Four of Loan Number: 7557 PHELAN HALLINAN, LLP Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 JPMORGAN CHASE BANK,N.A CUMBERLAND COUNTY • C) vs. : COURT OF COMMON PLEAS rn DAVID N. CRAFT CIVIL DIVISION z rrt - ;� cn r 73 co 0 No. 12-7272-CIVIL -4 CI �) - c .— , _i -�.... C-0 • 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 DAVID N. CRAFT, Defendant for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $274,184.78 TOTAL $274,184.78 I hereby certify that (1)the Defendant's last known addresses are 39 GREENING LIFE LANE, SHERMANS DALE, PA 17090-8834 and 818 INDIANA AVENUE, LEMOYNE, PA 17043-1563, an d (2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. / Date 6' !2 77/3 J athan Lobb, Esq., Id. No.312174 Attorney Plai if 30•4004p DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 1D/o8//3 PHS#273473 PROTHONOTARY to.50 Po AlT/ C� 13g,1in$4 ot ga448 1\lo4ice n �lecl 273473 PHELAN HALLMAN, LLP Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 JPMORGAN CHASE BANK,N.A : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS DAVID N. CRAFT : CIVIL DIVISION : No. 12-7272-CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts,to wit: (a) that the defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant DAVID N. CRAFT is over 18 years of age and last known addresses are 39 GREENING LIFE LANE, SHERMANS DALE, PA 17090-8834 and 818 INDIANA AVENUE, LEMOYNE, PA 17043-1563. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 7/3 o "- P n Hallinan,LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 273473 Results as of:Jun-27-2013 12:19:35 Department of Defense Manpower Data Center SCRA 3.0 .,;'4 ra 4 �- � Status Report tt rtusuant to Servicemembers Civil Relief Act Last Name: CRAFT First Name: DAVID Middle Name: N Active Duty Status As Of: Jun-27-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA - NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received eady 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. )42,,,,i. oi... 4.4...":4,,i,,,,.„._. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 JPMORGAN CHASE BANK,N.A COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. DAVID N.CRAFT NO. 12-7272-CIVIL Defendant(s) CUMBERLAND COUNTY TO: DAVID N. CRAFT 39 GREENING LIFE LANE SHERMANS DALE,PA 17090-8834 DATE OF NOTICE: 0 21 15;4/*/ THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By t.than Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#273473 JPMORGAN CHASE BANK, N.A COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v, DAVID N.CRAFT NO. 12-7272-CIVIL Defendant(s) CUMBERLAND COUNTY TO: DAVID N.CRAFT 818 INDIANA AVENUE LEMOYNE,PA 17043-1563 j DATE OF NOTICE: Q 1__. 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 I.N BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 BY _ �_ ...r.. athan Lobb,Esq.,Id.No.312174 At for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#273473 (Rule of Civil Procedure No. 236) - Revised JPMORGAN CHASE BANK,N.A : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS DAVID N. CRAFT : CIVIL DIVISION : No. 12-7272-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on L/afiA3 . By: jgraidtAilAP If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR.THAT PURPOSE. IF YOU HAVE 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.** 273473 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 JPMORGAN CHASE BANK,N.A COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 12-7272-CIVIL DAVID N. CRAFT Defendant(s) CUMBERLAND COUNTY To the Prothonotary: ) Issue writ of execution in the above matter: '' Amount Due $274,184.78 Interest from 06/29/2013 to Date of Sal 7 166.13 p ($45.07 per diem) TOTAL $281,350.91 Phethan a inan, ALP Jon M.Etkowicz,Esq.,Id.No.208786 Attorncy for Plaintiff Note: Please attach description of property. PH#767305 00 - ' vb kL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,N.A Plaintiff V. DAVID N. CRAFT Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Filed: Address where papers may be served: DAVID N.CRAFT P an Hallinan,LLP 39 GREENING LIFE LANE Jonathan M.Etkowicz,Esq.,Id.No.208786 SHERMANSDALE,PA 17090-8834 Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN or parcel of land and premises, situate,lying and being in the Borough of Lemoyne in the County of Cumberland and Commonwealth of Pennsylvania more particularly described as follows: TRACT NO. 1 On the North by Indiana Avenue,on the East by West Park Avenue,on the South by Lot No.33 and on the West by Lot No. 15,containing fifty(50)feet in front on Indiana Avenue and extending in a Southerly direction an even width one hundred thirty(130)feet to Lot No.33,aforesaid. Being Lot No. 16 on a Plan of Lots known as Washington Heights,said Plan being recorded in the Recorders Office in and for Cumberland County in Plan Book J,Page 24. TRACT NO.2 Beginning at a point on the Southern line of Indiana Avenue at the'line of lands now or late of Herman F. Diehl,known as Lot No. 16 on the hereinafter mentioned Plan of Lots;thence in a Southerly direction along the Western line of said Lot No. 16,one hundred thirty(130)feet to a point on the Northern line of Lot No. 34 on said Plan;thence in a Westerly direction along the Northern line of said Lot No.34,twenty(20)feet to a point;thence in a Northerly direction along a line drawn parallel with the Western line of Lot No. 16 above mentioned to a point on the Southern line of Indiana Avenue;thence in an Easterly direction along the Southern line of Indiana Avenue,twenty(20)feet to the place of Beginning. TITLE TO SAID PREMISES IS VESTED IN David N.Craft,by Deed from David N.Craft and Candace M. Craft,h/w,dated 07/03/2007,recorded 07/16/2007 in Book 280,Page 4831. PREMISES BEING:818 INDIANA AVENUE,LEMOYNE,PA 17043-1563 PARCEL NO,12-21-0267-129 PHELAN HALLINAN LLP f";1..E D o' F[G r_ ' t F' T1.1 r Rf)`1-10N0 TA.,Fti`�' Attorneys for Plaintiff Jonathan M. Etkowicz, Esq., Id. No.20878� 1617 JFK Boulevard, Suite 1400 2013 JUL 3 f H [0: 32 One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND COUNTY jonathan.etkowicz @phelanhallinan.com PENNSMANIA 215-563-7000 JPMORGAN CHASE BANK,N.A COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. DAVID N. CRAFT NO.: 12-7272-CIVIL Defendant(s) . CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the.above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied (X) 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:— Ph?than Hallman,LLP Jon M.Etkowicz,Esq.,Id.No.208786 Attorney for Plaintiff uE JPMORGAN CHASE BANK;MA7 P? WTHON01176" COURT OF COMMON PLEAS .Plaintiff 2W JUL 31 p'110- 32 CIVIL DIVISION V. CUMBERLAND COU4T"� N0.: 12-7272-CIVIL YLVANIA DAVID N. CRAFT PENNS Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 JPMORGAN CHASE BANK,N.A,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 818 INDIANA AVENUE, LEMOYNE,PA 17043-1563. 1 Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) DAVID N.CRAFT 39 GREENING LIFE LANE SHERMANS DALE,PA 17090-8834 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) DAVID N.CRAFT 39 GREENING LIFE LANE SHERMANS DALE,PA 17090-8834 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) 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. PH#767305 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 818 INDIANA AVENUE LEMOYNE,PA 17043-1563 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: ? 2q//-� B . . Pe P Hallman,LLP J athan M.Etkowicz,Esq.,Id.No.208786 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#767305 QI THE PI�OT�-{.OI O�AR" JPMORGAN CHASE BANK,N.A : COURT OF COMMON PLEAS 2013 JUL 31 A 1U 3 . Plaintiff : CIVIL DIVISION CUMBERLAND COUNTY VS. PENNSYLVANIA : NO.: 12-7272-CIVIL DAVID N. CRAFT Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DAVID N. CRAFT 39 GREENING LIFE LANE SHERMANSDALE,PA 17090-8834 "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 818 INDIANA AVENUE,LEMOYNE,PA 17043-1563 is scheduled to be sold at the Sheriff's Sale on 12104/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$274,184.78 obtained by JPMORGAN CHASE BANK,N.A(the mortgagee)against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges,costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215.563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one,the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. s s 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. 12-7272-CIVIL JPMORGAN CHASE BANK,N.A V. DAVID N. CRAFT owner(s) of property situate in the BOROUGH OF LEMOYNE; CUMBERLAND County, Pennsylvania, being 818 INDIANA AVENUE,LEMOYNE,PA 17043-1563 Parcel No. 12-21-0267-129 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $274,184.78 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN or parcel of land and premises,situate,lying and being in the Borough of Lemoyne in the County of Cumberland and Commonwealth of Pennsylvania more particularly described as follows: TRACT NO. I On the North by Indiana Avenue,on the East by West Park Avenue,on the South by Lot No.33 and on the West by Lot No. 15,containing fifty(50)feet in front on Indiana Avenue and extending in a Southerly direction an even width one hundred thirty(130)feet to Lot No.33,aforesaid. Being Lot No. 16 on a Plan of Lots known as Washington Heights,said Plan being recorded in the Recorders Office in and for Cumberland County in Plan Book J,Page 24. TRACT NO.2 Beginning at a point on the Southern line of Indiana Avenue at the line of lands now or late of Herman F. Kiehl,known as Lot No. 16 on the hereinafter mentioned Plan of Lots;thence in a Southerly direction along the Western line of said Lot No. 16,one hundred thirty(130)feet to a point on the Northern line of Lot No. 34 on said Plan;thence in a Westerly direction along the Northern line of said Lot No.34,twenty(20)feet to a point;thence in a Northerly direction along a line drawn parallel with the Western line of Lot No. 16 above mentioned to a point on the Southern line of Indiana Avenue;thence in an Easterly direction along the Southern line of Indiana Avenue,twenty(20)feet to the place of Beginning. TITLE TO SAID PREMISES IS VESTED IN David N.Craft,by Deed from David N.Craft and Candace M.Craft,h/w,dated 07/03/2007,recorded 07/16/2007 in Book 280,Page 4831. PREMISES BEING: 818 INDIANA AVENUE,LEMOYNE,PA 17043-1563 PARCEL N0.12-21-0267-129 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 12-7272 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK,N.A.Plaintiff(s) From DAVID N.CRAFT (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL (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 gamishee(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 gamishee and is enjoined as above stated. Interest FROM 6/29/2013 TO DATE OF SALE($45.07 PER DIEM)-$7,166.13 Arty's Comm: Due Prothy: $2.25 Arty Paid: $234.50 Other Costs: Plaintiff Paid: Date: 7/31/13 David D.Buel Prothonotary (Seal) =i2upe� I Deputy REQUESTING PARTY: Name: JONATHAN M.ETKOWICZ,ESQUIRE 1617 JFK BLVD.,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone:215-563-7000 Supreme Court ID No. 208786 — AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK,N.A PH#767305 DEFENDANT SERVICE TEAM/lxh DAVID N.CRAFT COURT NO.:12-7272-CIVIL :3L W r^ SERVE DAVID N.CRAFT AT: TYPE OF ACTION 39 GREENING LIFE LANE XX Notice of Sheriff's SaleY"" SHERMANS DALE;PA 17090-8834 SALE DATE: December 4,2013 SERVED Served and made known to DAVID N.CRAFT,Defendant on the day of NV ST,20 ,at o'clock .M.,at, JiNC U�E LOWS in the manner described below: -� _Defendant personally served. " Adult family member with w1iom De endant(s)reside(s). Relationship is W IFE _Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _Other: Description: Age 20 Height fig 2 u Weight�Z�B SS Raceum)R;Sex�Other I,ftmU` ,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 unswom falsification to authorities. DATE: NAME: 2 PRINTED NAME: ty-) TITLE: fakes S S NOT SERVED On the da of 20_,at o'clock_.M.,I, a competent adult hereby state that De7endant N T F UND 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 F!L EO-IFF;CE Or THE PROTHONOTARY Phelan Hallinan, LLP 7.d13 NOV 18 j;H 9; 14 1 Zachary Jones, Esq., Id. No.310721 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CUMBERLAND ND COUNT Y One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Zachary.Jones @phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,N.A • Court of Common Pleas • Plaintiff • Civil Division v. • • CUMBERLAND County • DAVID N. CRAFT • No.: 12-7272-CIVIL Defendant • PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP,moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on December 3, 2012. 2. Judgment was entered on June 28, 2013 in the amount of$274,184.78. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit"A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint,i.e. bringing the interest current. However,new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 4, 2013. 767305 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $225,859.50 Interest Through December 4, 2013 $48,152.99 Late Charges $669.84 Legal fees $1,250.00 Cost of Suit and Title $949.90 Property Inspections $378.00 Property Preservation $4,542.26 Appraisal/Brokers Price Opinion $250.00 Escrow Deficit $16,885.71 TOTAL $298,938.20 6. Plaintiff paid the following in property preservation during the time the loan was in default: 12/17/2010 SECURING $22.40 12/17/2010 SECURING $57.60 12/17/2010 DRY HEAT $37.80 12/17/2010 DRY HEAT $97.20 12/17/2010 RELOCK &REKEY $11.20 12/17/2010 RELOCK & REKEY $28.80 4/28/2011 BOARDING $160.00 4/28/2011 DEBRIS REMOVAL $30.00 5/12/2011 UTILITIES $55.00 6/10/2011 YARD MAINTENANCE $125.00 6/29/2011 YARD MAINTENANCE $85.00 7/1/2011 UTILITIES $45.00 7/7/2011 YARD MAINTENANCE $85.00 7/14/2011 YARD MAINTENANCE $85.00 8/17/2011 YARD MAINTENANCE $85.00 9/29/2011 YARD MAINTENANCE $85.00 10/18/2011 YARD MAINTENANCE $85.00 10/18/2011 YARD MAINTENANCE $85.00 10/21/2011 UTILITIES $45.00 11/9/2011 YARD MAINTENANCE $85.00 12/1/2011 DRY HEAT $100.00 767305 1/13/2012 UTILITIES $45.00 3/7/2012 UTILITIES $10.00 5/16/2012 YARD MAINTENANCE $125.00 5/25/2012 YARD MAINTENANCE $85.00 6/12/2012 UTILITIES $60.26 6/22/2012 YARD MAINTENANCE $85.00 6/23/2012 DEBRIS REMOVAL $150.00 6/28/2012 PROPERTY PRESERVATION $64.00 7/5/2012 YARD MAINTENANCE $85.00 7/18/2012 UTILITIES $85.26 7/27/2012 YARD MAINTENANCE $85.00 8/15/2012 YARD MAINTENANCE $90.00 8/18/2012 YARD MAINTENANCE $90.00 8/23/2012 YARD MAINTENANCE $90.00 9/12/2012 YARD MAINTENANCE $85.00 10/19/2012 YARD MAINTENANCE $85.00 10/27/2012 YARD MAINTENANCE $90.00 11/16/2012 YARD MAINTENANCE $90.00 11/29/2012 YARD MAINTENANCE $90.00 1/24/2013 PROPERTY PRESERVATION $389.00 5/1/2013 YARD MAINTENANCE $125.00 5/30/2013 UTILITIES $61.74 6/13/2013 YARD MAINTENANCE $85.00 6/13/2013 YARD MAINTENANCE $85.00 6/22/2013 YARD MAINTENANCE $85.00 7/9/2013 YARD MAINTENANCE $85.00 7/25/2013 UTILITIES $54.00 7/25/2013 YARD MAINTENANCE $85.00 8/6/2013 YARD MAINTENANCE $85.00 8/27/2013 YARD MAINTENANCE $85.00 9/5/2013 YARD MAINTENANCE $85.00 9/19/2013 UTILITIES $10.00 9/24/2013 YARD MAINTENANCE $85.00 10/11/2013 UTILITIES $53.00 TOTAL $4,542.26 7. Plaintiff paid the following in taxes and insurance during the time the loan was in default: 767305 4/14/2011 ESCROW BALANCE ($323.90) 4/14/2011 BOROUGH TAX $1,086.60 4/28/2011 HOMEOWNERS INSURANCE $2,360.00 7/21/2011 SCHOOL TAX $2,281.14 2/16/2012 HOMEOWNERS INSURANCE $2,360.00 4/6/2012 BOROUGH TAX $1,086.60 8/22/2012 SCHOOL TAX $2,438.00 2/14/2013 HOMEOWNERS INSURANCE $1,934.00 3/26/2013 BOROUGH TAX $1,199.06 7/29/2013 SCHOOL TAX $2,464.21 TOTAL $16,885.71 8. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 9. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 10. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 11. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on November 6, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit`B". 12. No judge has previously entered a ruling in this case. 767305 WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP /C. 2 DATE: //'(✓ 12 By: "Ai Z. , .ry o -s,Esquire Y FOR PLAINTIFF 767305 Phelan Hallinan, LLP Zachary Jones, Esq., Id. No.310721 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Zachary.Jones@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,N.A • Court of Common Pleas • Plaintiff • Civil Division • v. • CUMBERLAND County DAVID N. CRAFT • • No.: 12-7272-CIVIL • Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE DAVID N. CRAFT 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 818 INDIANA AVENUE, LEMOYNE, PA 17043-1563. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case,Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 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 767305 outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli,407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must protect its collateral up until the date of sale. Beckman v.Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 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, 767305 Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums,fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust fmancial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266,270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). 767305 However,Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire,Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly,the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 767305 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiffs recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865);First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 767305 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 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. 767305 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. 767305 Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore,Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: //7'$' /3 By: z J, es,Esquire , for Plaintiff 767305 Exhibit "A" 767305 • PHELAN HALLINAN,LLP Attorney for Plaintiff Jonathan Lobb,Esq.,Id.No.312174 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 JPMORGAN CHASE BANK,NA : CUMBERLAND COUNTY vs. COURT OF COMMON PLEA' d -a3 —► DAVID N.CRAFT : CIVIL DIVISION Z" x No.12-7272-CIVIL rx < a 7 -n o� Ty i o --4 r-- PRAECIPE FO' `', REM JUDGMENT FOR FAILURE TO : ANS :'" ' ASSESSMENT OF DAMAGES TO THE PROTHONOT • • Kindly 'l y enter� gbt in favor of the • tiff and against DAVID N.CRAFT, Defendant for failure to file an Answer to P 1''I.u s Complaint within 20 days from service thereof and for foreclosure and sale of s r� ' ged premises,and assess Plaintiff's damages as follows: (Z`' � c.;t As set forth in Complaint Q C' $274,184.78 TOTAL $274,184.78 I hereby certify that(1)the Defendant's last know• addresses are 39 GREENING LIFE LANE,SHERMANS DALE,PA 17090-8834 and 818 1,.• A AVENUE,LEMOYNE,PA 17043-1563,and(2)that notice has been given in a*I.5.. with Rule Pa.R.C.P 237.1. Date (p /42?/f3 �0� P.11 J Lobb,Esq.,Id.No.312174 Atto ey for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: (olds//z w PHS#273473 PROTHONOTARY 273473 Exhibit "B" 767305 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 November 6,2013 DAVID N. CRAFT 39 GREENING LIFE LANE SHERMANS DALE,PA 17090-8834 RE: JPMORGAN CHASE BANK,N.A v. DAVID N. CRAFT Premises Address: 818 INDIANA AVENUE LEMOYNE,PA 17043 CUMBERLAND County CCP,No. 12-7272-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),1 am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days,by 11/13/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yo 's, ac'; o es,Esq., Id.No.310721 t1 j.rrro ;:' r Plaintiff +- re { 767305 _ , , , , , „ _ , , VI E60t..10-11C44 IA Z0 •.e..-#.1.-1. r, ..,t'•'. %.0. oQ '`Z O $ EO1.6I. d 1.1Z r,11Vief ri ,a it, nom/ r :•"=`. �;,y• •,..;;•4 �'�� rr A •,, fargoliassor s .a� tto4(3 ' .sn . �! t" r H 0 E A. 4, i t• Ili! r x r: •• •• PIi , 3.4 i I U 8,,,, , '—' r.,i , , tc , s e' rn r L.-- IW o as 2. v aQ t ,. 0.n�. F.'..., Gr ra `� Gr � �,Ic a = 0 II,t..., Ail , i p., f so y.p; M w v. . A 0 9 in . ... • Phelan Hallinan, LLP Zachary Jones, Esq., Id. No.310721 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Zachary.Jones@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,N.A • Court of Common Pleas • Plaintiff • Civil Division v. • CUMBERLAND County • DAVID N. CRAFT • No.: 12-7272-CIVIL • Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. DAVID N. CRAFT DAVID N. CRAFT 39 GREENING LIFE LANE 818 INDIANA AVENUE. SHERMANS DALE, PA 17090-8834 LEMOYNE, PA 17043-1563 Phelan Hallinan,LLP DATE: /1i'513 By: Z. Jo l-s, Esquire • Y FOR PLAINTIFF 767305 20,f1:000. • 6 11 l { D C T ,t • •PHELAN HALLINAN,LLP• Attorney for Pl aiJniti g Meredith Wooters,Esq.,Id.No.307207 1617 JFK Boulevard,Suite 1400 PENNS YLVANIA One Penn Center Plaza Philadelphia,PA 19103 Meredith.Wooters @phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA • • JPMORGAN CHASE BANK,N.A . CUMBERLAND COUNTY Plaintiff, : COURT OF COMMON PLEAS v. , CIVIL DIVISION DAVID N.CRAFT Defendant(s) No.: 12-7272-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c)on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"• ". .�A .��..A1 LEI Meredith Wooters,Esq.,Id.No.307207 I� ' 3 Attorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#767305 JPMORGAN CHASE BANK,N.A COURT OF COMMON PLEAS Plaintiff • . . . CIVIL DIVISION v. • NO.: 12-7272-CIVIL DAVID N. CRAFT Defendant(s) , CUMBERLAND COUNTY AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 JPMORGAN CHASE BANK,N.A,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 818 INDIANA AVENUE, • LEMOYNE,PA 17043-1563. ' 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) DAVID N.CRAFT 39 GREENING LIFE LANE,SHERMANS DALE, PA 17090-8834 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) DAVID N.CRAFT 39 GREENING LIFE LANE SHERMANS DALE,PA 17090-8834 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. • 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) 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: PH#767305 r ' Name Address(if address cannot be reasonably ascertained,please indicate) • • • • TENANT/OCCUPANT • . • • • 818 INDIANA AVENUE • • • . LEMOYNE,PA 17043-1563 • • MARK GEORGE SCHWAGER 821 OHIO AVENUE LEMOYNE,PA 17043 • 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: till 1 13 By: Vi ' F Phelan Hallinan,LLP Meredith Wooters,Esq.,Id.No.307207 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#767305 • . i ttOZ SO A.ONt6ttEEtQ©tf .- ;r+rr�, a �}� . k!i ZO -0 `x r - - ovv gSQU zo COI-61 daZ It, ✓"��_r a =� ,i '. �f . } • erg. til o - . t.•••• a ' rn r+ ▪ 'y .. 4.1., r c a it 4 .... a 1 1 O w i a a 0 d 1 i ran ' ..tO> t t .. I: el i aa, �� a. Z. , moo owz U w { � � t3° 0 n AA w ` .n a len as .o x ;a -_ I and Phelan Hallinen.LLP :ss Mk 1617 JFIC Boulevard,Suite 1400 '° *der One Penn Center Plaza Philadelphia.PA 19103 AZXISCS-1210412013 SALE • • Article Number Name of Addressee,Street,and Post Mike:Address Postage ' • .1R*r* • TENANT/OCCUPANT ••• $0.45 • 818 INDIANA AVENUE o <i It GO LEMOYNE,PA 17043.4563 r. ',1.4. 4II AA" DOMESTIC RELATIONS OF $0,45 �?o * `ti CUMBERLAND COUNT]' I} a°ss" 13 NORTH HANOVER STREET l 44 CARLISLE,PA 17013 a ,� `r'' **a* COMMONWEALTH OF PENNSYLVANIA - $0.45 tik J`� DEPARTMENT OF WELFARE �f . I P.O.Rna 2175 `s ,•..,:it' T ��aa `• ■ HARRISBURG.PA 17105 �; **"* INTERNAL REVENUE SERVICE ADVISORY $0,45 ' 'Kf 1000 LIBERTY AVENUE ROOM 704 ' V.,:.,,„. , °. -' PITTSBURGR,PA 15222 v y•'• "*"" U.S.DEPARTMENT OF JUSTICE • . $0.45 s U.S.A•1-t•ORNEY FOR THE MIDDLE DisTit1CT OF PA FEDERAL BUILDING 228 WALNUT STREET,SUITE 220 Gr4NT . PO BOX 11754 i' tb, - HARRISHURG"PA 17308.1154 , . ', ti - ,08IS AVTDN:CRAtT{CUMBERLAND) PH I/767305!1021 _ Pater I of 1 ,'=14-, Wr7tYPaa ". bolbc■of ''foul bomber ur hoax Pwunnier,Pay tt:sole of Tie.MI 3n:tivtion ur vatuc b.nqui cal un an do/nook ant.fin:nvtiumi loginowof it tTle no/rvah i akmdty panbk tisvi by Seeder RoteivvA at PM Oak. nneivna Pnapb)rr) for uha renmtrixinnnf nnrrnt.aFk etV.antY"ta uMe.Exprns Mail taaom m woo"' or ilrS.h S50.0(Yl pr pitct)Oita w a limit of S5a0.030 ter ocewacaec.lie maxitrutr intrmaitypa)abt,tiA� i$t faerttradise 1.4500. her maximum itdam itypayabk.is 123.000 far retistcred moat ma withaptiontt unannce.Sec fbnesik Mail Maatii R990 S9i)at S921 for limhadana of covearve. in 3877 Facsimile • t - O Vl • 0 fry , £4 OZ LD A�46 48£44©d' ,` ri. .,, �J ye�y fd4 Zd �?Y"� "° � F tip' `.�: 1 s ,oe,.3NiiJ((3ed!�-ssn ` , r► v h V>V Obi A 3 § e u O O E S E h b = A a F• E 3 •• v 5 E 4' r u C 5 }{ .23 G v u u t C o 4 -a W O O 3 t a §1q.Q V •; oL,• 1 44 s .fi•t-sE .3a" 3 $ c.„ o u h 44• .4 v z 4t TA u p - III 7 -tr'o C { o a `s' usE� � FZyt- v e .. w4 -40tz - '44 - 0 acaV m11 Z 2 . i Q. 73 "En,xwg s oZWgO28d _§ u a � UPo zcM � A �aa I-a I L 0 H Z * *it i LTr 0 it it .n i. .fS b c'o co g '4 N d try 0 'Z �'{._ - �_ ._.r. _ -_ ._. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK,N.A Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County DAVID N. CRAFT : No.: 12-7272-CIVIL Defendant RULE AND NOW,this 2 0` day of u o r-A—.f 2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT f P J. C= =M Fri- C6 . JOA- S b, �-���NA- 767305 Zachary Jones,Esq.,Id.No.310721 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 DAVID N. CRAFT DAVID N. CRAFT 39 GREENING LIFE LANE 818 INDIANA AVENUE SHERMANS DALE, PA 17090-8834 LEMOYNE, PA 17043-1563 767305 767305 i r � • r_I t :c a M3EkL,.ANO COUNTY PENNSYLVANIA Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,N.A : Court of Common Pleas • Plaintiff • Civil Division vs. • CUMBERLAND County DAVID N. CRAFT • No.: 12-7272-CIVIL • Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's November 21, 2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. DAVID N. CRAFT DAVID N. CRAFT 39 GREENING LIFE LANE 818 INDIANA AVENUE SHERMANS DALE, PA 17090-8834 LEMOYNE, PA 17043-1563 Phelan Hallinan, LLP DATE: 1147/13 By: John D. Krohn, sq., Id. No.312244 Attorney for Plaintiff 767305 Or THE PRO TNC Q TAr,Y 2013 DEC 18 AN 1'1: 3 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, N.A • Court of Common Pleas Plaintiff • • Civil Division vs. • • CUMBERLAND County DAVID N. CRAFT • • No.: 12-7272-CIVIL Defendant • MOTION TO MAKE RULE ABSOLUTE JPMORGAN CHASE BANK,N.A, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on November 18, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on November 7, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 767305 3. A Rule was issued by the Honorable Kevin A. Hess on or about November 21, 2013 directing the Defendant to show cause by December 11, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on November 27, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of December 11, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan H. ma , L DATE: 1Z Iio/ By: Justin /o• ski, Esq., Id.No.200392 Attorn. �fo Plaintiff 767305 Exhibit "A" 767305 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 November 6, 2013 DAVID N. CRAFT 39 GREENING LIFE LANE SHERMANS DALE,PA 17090-8834 RE: JPMORGAN CHASE BANK,N.A v. DAVID N. CRAFT Premises Address: 818 INDIANA AVENUE LEMOYNE,PA 17043 CUMBERLAND County CCP,No. 12-7272-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days,by 11/13/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yo "s, Zae es,Esq., Id. No.310721 A rn• or Plaintiff nei•° re 767305 y ,Cs en 64U Lt} tt +1161t8£ibt�Q r} .�_`,s V- 017700$ CO LE diZ r�� . i$3) �. , , . ,i'G sam 0a,attudo3od.L d Std . . I oa g , g i1iI IiIi 14/ Nat O. oWw M „ 1 a ca M n w a- H a x a I a o t i 4 8 iI El 1 . w t''' 6 ,_, ,.. . ... 1 t ,,,, 1 >. — ..c , .. . g a ~ � g i2UZ . Z . Q . x i 4.2.,..- 444VZi >" ' i a. a: z A el (AD CA o a • a g z : # 3 1 al gl a � .� � a: xn • Exhibit "B" 767305 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK,N.A • Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County DAVID N. CRAFT No.: 12-7272-CIVIL Defendant RULE AND NOW,this 472.04k. day of A) a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court,Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT if .r' , . J. rn rrl c £ t"a � e:) z . pC 767305 • Zachary Jones,Esq.,Id.No.310721 Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 DAVID N. CRAFT DAVID N. CRAFT 39 GREENING LIFE LANE 818 INDIANA AVENUE SHERMANS DALE,PA 17090-8834 LEMOYNE,PA 17043-1563 767305 767305 • Exhibit "C" • • kOTI ONO1,-‘:.:, 113 DEC -2 AM « I i t;UM3ERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP John D. Krohn, Esq., Id.No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 j ohn.krohn @phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,N.A Court of Common P11_ Plaintiff Civil Divisio vs. CUMBERLAND County DAVID N. CRAFT No.: 12-7272-CIVIL „cr • Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's November 21, 2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. DAVID N. CRAFT DAVID N. CRAFT 39 GREENING LIFE LANE 818 INDIANA AVENUE SHERMANS DALE,PA 17090-8834 LEMOYNE,PA 17043-1563 Phelan Hallinan, LLP DATE: ._ 1147/13_.._ By: John D. Krohn, ,s`.,Id. No.312244 Attorney for Plaintiff 767305 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,N.A • Court of Common Pleas Plaintiff • • Civil Division vs. • • CUMBERLAND County DAVID N. CRAFT • • No.: 12-7272-CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. DAVID N. CRAFT DAVID N. CRAFT 39 GREENING LIFE LANE 818 INDIANA AVENUE SHERMANS DALE, PA 17090-8834 LEMOYNE, PA 17043-1563 Zi/ 6f Phelan H. ' . , LLPDATE: I By: Ad/ Justin F. 'obe: Esq., Id.No.200392 Atto - for 'laintiff 767305 DEC "Q PH 1: fl • UMBEi l..,". c : : PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA it JPMORGAN CHASE BANK,N.A • Court of Common Pleas Plaintiff • vs. Civil Division • DAVID N. CRAFT • CUMBERLAND County • Defendant • No.: 12-7272-CIVIL ORDER AND NOW, this Z-o ` day of , 2013, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $225,859.50 Interest Through December 4, 2013 $48,152.99 Late Charges $669.84 Legal fees $1,250.00 Cost of Suit and Title $949.90 Property Inspections $378.00 Property Preservation $4,542.26 Appraisal/Brokers Price Opinion $250.00 Escrow Deficit $16,885.71 TOTAL $298,938.20 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure 13 HE CtRiTe: , ?I? ■()' 767305 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 10 AH : s, CUMBERLAND COU°° ' PENNSYLVr:14It JPMorgan Chase Bank, N.A. vs. David Craft Case Number 2012-7272 SHERIFF'S RETURN OF SERVICE 10/01/2013 07:12 PM - Deputy Jason Kinsler, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 818 Indiana Avenue, Lemoyne - Borough, Lemoyne, PA 17043, Cumberland County. 12/04/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/12/2014 03/12/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on March 12, 2014 at 10:00 a.m. He sold the same for the sum of $ 1.00 to Attorney Joseph Schalk, on behalf of Secretary of Veterans Affairs, an Officer of the United States of America, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $876.27 SO ANSWERS, June 03, 2014 c) CountySute Srneriff, 1 Unosaft, Inc. RONNR ANDERSON, SHERIFF <2.‘X. pg SO LL 1, On 3 0g3y� On August 1, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA, Known and numbered as, 818 Indiana Avenue, Lemoyne, as Exhibit "A" filed with this 0- writ and by this Reference incorporated herein. CD C Date: August 1, 2013 By: Real Estate Coordinator LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No. 2012-7272 Civil Term JPMORGAN CHASE BANK, N.A. vs. DAVID CRAFT Atty.: Joseph Schalk By virtue of a Writ of Execution No. 12 -7272 -CIVIL, JPMORGAN CHASE BANK, N.A. v. DAVID N. CRAFT owner(s) of property situate in the BOROUGH OF LEMOYNE, CUJMBERLAND County, Pennsyl- vania, being 818 INDIANA AVENUE, LEMOYNE,PA 17043-1563. Parcel No. 12-21-0267-129. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $274,184.78. 42 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. a Marie Coyne, E litor SWORN TO AND SUBSCRIBED before me this 25 day of October, 2013 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot -News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Iie patriotXews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 2012-7272 CMI Term JPMORGAN CHASE BANK, N.A. vs. DAVID CRAFT Atty: Joseph Schalk By virtue of a Writ of Execution No. 12 -7272 -CIVIL JPMORGAN CHASE BANK, NA V. DAVID N. CRAFT owner(s) of property situate in the BOROUGH OF LEMOYNE, CUJMBERLAND County, Pennsylvania, being 818 INDIANA AVENUE, LEMOYNE,PA 17043-1563 Parcel No. 12-21-0267-129 (Acreage or street address) Improvements thereon: RESIDENTIAL DWEI I ING Judgment Amount: $274,184.78 This ad ran on the date(s) shown below: 10/13/13 10/20/13 10/27/13 Sworn d subscribed before me this 11 day of November, 2013 A.D. Public COMMONWEALTH OF PENNSYLVANIA Holly Notarial Seal lY L ynn Warfel, Notary Public Washington Twp,, Dauphin County My MEMBER Anka Commis Expires Dec. 12, 2016 ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Veterans Affairs Secretary is the grantee the same having been sold to said grantee on the 12th day of March A.D., 2014, under and by virtue of a writ Execution issued on the 31st day of July, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 7272, at the suit of JP Morgan Chase Bk N A against David N Craft is duly recorded as Instrument Number 201414926. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 1 0+6 U I� , A.D. Q011-1 )anittra day of 1 ,P..t is e1Ovfy Recorder of Dereds Recorderof Deeds, Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2018