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HomeMy WebLinkAbout13-0282QF 3` i~~ ~ ~1~p~ r., 20'13 JAN ! 7 Ah 9:41 GUlyg,~~{~ANt3 p~fr~s~~v,~r°i~Nr~~ Phelan Hallman & Schmieg, LLP Allison F. Zuckerman, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 259640 JPMORGAN CHASE BANK, N.A., SB/M TO CHASE HOME FINANCE, LLC. 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff v. THEODORE MOTZ JOANNE M. MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055-6149 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVII, DIVISION TERM spa ~U~C NO. ~-3 " R' 0 CUMBERLAND COUNTY CIVIL ACTION -LAW CQMPLAINT IN MORTGAGE FORECLOSURE File ~: 259640 ~. ~1~3. a.~s 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)990-9108 File #: 259640 1. Plaintiff is JPMORGAN CHASE BANK, N.A., SB/M TO CHASE HOME FINANCE, LLC. 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: THEODORE MOTZ JOANNE M. MOTZ 338 A,Id,ENVIEW DRIVE MECHANICSBURG, PA 17055-6149 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/25/2007 THEODORE MOTZ and JOANNE M. MOTZ made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR HOMEBRIDGE MORTGAGE BANKERS CORPORATION DBA REFINANCE.COM which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1994, Page 2895. By Assignment of Mortgage recorded 08/11/2008 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200827245. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2010 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. File ~: 259640 6. The following amounts are due on the mortgage as of 11 / 1 S/2012: Principal Balance $201,168.40 Interest $32,586.87 10/O 1 /2010 through 11 / 15/2012 Late Chazges $220.83 Property Inspections $98.00 Property Preservation $28.00 Escrow Advance $9,270.47 Suspense Balance ~.$~1 TOTAL $242,564.92 7. 8. Plaintiff is not seeking a judgment of personal liability (or an in personann judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 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. Fik #: 259640 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $242,564.92, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorneys fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN H~AN & SCHMIEG, LLP ay: Attorneys Esq., Id. No. 309519 File #: 259640 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Upper Allen, County of Cumberland, Commonwealth of Pennsylvania, being ire particulazly bounded and described as follows: BEGINNING at a steel pin on the southern most dedicated right-of--way line of Allenview Drive, at the comer of Lot No. 18 on the hereinafter mentioned plan of lots; THENCE extending in and along said dedicated right-of--way line, North Seventy-Nine (79) degrees Forty-One (41) minutes Thirty (30) seconds East, Ninety and Zero Tenths (90.0) feet to a steel pin on said right-of--way line at lands N/F of Breneman and Calabrese; THENCE by last mentioned lands, South Ten (10) degrees Eighteen (18) minutes Thirty (30) seconds East, One Hundred Fifty (150) feet to a steel pin at a common area reserved for recreation as shown on the hereinafter mentioned plan of lots; THENCE extending South Seventy-Nine (79) degrees Forty-One (41) minutes Thirty (30) seconds West, Ninety (90) feet to a steel pin at the corner of Lot No. 18; THENCE extending along said Lot No. 18, North Ten (10) degrees Eighteen (18) minutes Thirty (30) seconds West, One Hundred Fifty (150) feet to a steel pin on the dedicated right-of--way line of Allenview Drive and the place of BEGINNING. CONTAINING 13,500 square feet and being designated as Lot No. 17 on Stage 1 of a final subdivision plan prepazed for Allenview Inc., by Clifton E. Rodgers & Associates, dated Mazch 15, 1976, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 29, Page 77. TT BEING known and numbered as 338 Allenview Drive, Mechanicsburg, Pennsylvania. PARCEL NO. 28-2423-0164-0000000-42 BEING the same premises which Allenview, Inc., by Indenture dated 08-30-79 and recorded 09-06-79 in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book Q28 Page 290, granted and conveyed unto Theodore Motz and Joanne M. Motz, his wife. PROPERTY ADDRESS: 338 ALLENVIEW DRIVE, MECHANICSBURG, PA 17055-6149 PARCEL # 42-28-2423-164 File #: 259640 VERIFICATION Cx~4~D (~ lU~e~yH~ ,hereby states that ®she is V z~C ~/~SSD~ of, JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Plaintiff in this matter, that®'she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure aze true and correct to the best of u~her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: (~,F.~,tD /~~~' DATE: 1/~cEi~/~~~ .20/Z Title: ITC ~/t'„rf.Ip,E,t/~' JPMORGAN CHASE BANK, NATIONAL ASSOCIATION File #: 259640 Name: MOTZ JPMORGAN CHASE BANK, N.A., SB/M TO CHASE HOME FINANCE, LLC. Plaintiffs) vs. THEODORE MOTZ JOANNE M. MOTZ Defendant(s) IN THE COURT OF COMMON PLF~S ! !U~'Y OF CUMBERLA ~ , "~ ~ PENNSTL ~ w "~ ~~ ~ ~ ~.- u ~. C3 C~' J ~ r-~ ~~ ~ x.~ ~~~ q r~~ y, ~ ~. aCi ~L~ ~ ~, ` NOTICE OF RESIDENTIAL MORTGAGE FOR.E~LOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in acourt-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have an attorney, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPonn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at not charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal re~esentative with all the 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 file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in attempt to work out a reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and yonr lawyer must take the following steps to Ire el~ible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all the requested financial 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 with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work our reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward, IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Date Respectfully su d: Signa rf unsel for Plaintiff 71 ~~ 1~~~ Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Please Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your .Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: State: Zip: Yes No Listing date: Price: $ Realtor Phone: Borrower Occupied? Yes No ^ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Cell: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender:. Loan: Loan Number: Second Mortgage Lender: of Loan: Loan Number: Total Mortgage Payments Amount: $ Date of Last Payment: Office: Other: How long? State: Zip: Home: Office: Cell: Other: How long? Type of Included Taxes & Insurance: Date you Closed Your Loan:, Type Primary Reason for Default: Is the loan in Bankruptcy? Yes ^ No ^ If yes, provide names, location of court, case number 8c attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Yeaz: Amount owed: Value• Automobile #2: Model: Yeaz: Amount owed: Value: Other transportation automobiles, boats, motcargy clesZ Model: Yeaz: Amount owed: Value Mont)~ly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount• Borrower Pay Days: Co-Borrower Pay Days: Monthly Eanenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mo a Food 2 Mo a Utilities Car Pa e s Condo/Nei .Fees Auto Insurance Med. (not covered) Auto fueU irs Other ro . ent Install. Loan Pa ent Cable T'V Child Su rt/Alim. S din Mone Da /Child Care/Tuit. Other Ex ses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ^ No ^ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ^ No ^ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ^ No ^ If yes, please indicate the status of those negotiations: Please provide the following information, if you know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: UWe, authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. UWe understand that Uwe am/are under no obligation to use the services provided by the above named Borrower Signature Co-Borrower Signature Date Date Please forward this page along with the following information to lender: 1. Proof of income 2. Past 2 bank statements 3. Proof of any ezpected income for the last 45 days 4. Capy of a curr~t utility bill 5. Letter ezplaini~g reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND C9,UN1-Y Ronny R Anderson THE Pit o Sheriff cumbrr4t o Z�13 dP Jody S Smith � "2 AH 10. 4 7 Chief Deputy CUt S&RLAtio Richard W Stewart °" PENhs Y I��VAa r{T Y Solicitor OFFICE OF f1l,&SHERIFF JPMorgan Chase Bank, N.A.,s/b/m To Chase Home Finance LLC Case Number vs. 2013-282 Theodore Motz(et al.) SHERIFF'S RETURN OF SERVICE 03/26/2013 07:07 PM-Deputy Shawn Gutshali, Ming duly sworn according to law,served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Theodore Motz-Husband,who accepted as"Adult Person in Charge"far Joanne M Motz at 338 Ailenview Drive, Upper Allen Twp, Mechanicsburg, PA 17055. s XIAWGUTSHA DEPUTY SHERIFF COST: $48.00 SO ANSWERS, March 27, 2013 ROW R ANDERSON, SHERIFF (c)CougySuite Sheriff,Teteosoft Inc. C-a r-01 -r! r r- CD G 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,N.A., S/B/M TO CHASE HOME FINANCE, LLC. Court of Common Pleas 3415 VISION DRIVE Civil Division COLUMBUS, OH 43219 Term Plaintiff V. No. 2013-282-CIVIL THEODORE MOTZ JOANNE M. MOTZ Cumberland County 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055-6149 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 January 17, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants for their failure to make monthly payments of principal and interest upon their mortgage due November 1, 2010, 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 January 24, 2013, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice for the Defendant Theodore Motz. A true and correct copy of the 259640 Affidavit of Service is attached hereto, made part hereof and marked as Exhibit B. 3. On March 26, 2013, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice for the Defendant Joanne M. Motz. A true and correct copy of the Affidavit of Service 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 contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 6. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendants failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendants opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. 259640 WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Respectfully submitted, PHELAN HALLINAN, LLP Date: f v l 3 BY: Jose P chalk, Esquire Atto ey or Plaintiff 259640 Exhibit A rM Phelan Hallinan&:Schmieg,LLP Allison F.Zuckerman,Esq.,Id.No.309519 1617 JFK Boulevard,Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia,PA 19103' 215-563-7000 259640 JPMORGAN CHASE BANK,N.A.,SB/M TO CHASE HOME FINANCE,LLC. COURT OF COMMON PLEAS 3415 VISION DRIVE COLUMBUS,OH 43219 CIVIL DIVISION Plaintiff TERM � NO . THEODORE MOTZ JOANNE M.MOTZ CUMBERLAND COUNTY 33'8 ALLENVIEW DRIVE MECHANICSBURG,PA 17055-6149 Defendants CIVIL ACTION-LAW h �yse COMPLAINT IN MORTGAGE FORECLOSURE Filc 259640 t NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty(20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the 1 Court your defenses or objections to the claims set forth against you. You are warned that if you 5 fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800)990-9108 File#: 259640 1. Plaintiff is JPMORGAN CHASE BANK,N.A., S/B/M TO CHASE HOME FINANCE,LLC. 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s)and last known address(es)of the Defendant(s)are: THEODORE MOTZ JOANNE M.MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG,PA 17055-6149 who is/are the mortgagor(s)and/or real owner(s)of the property hereinafter described. 3. On 05/25/2007 THEODORE MOTZ and JOANNE M.MOTZ made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR HOMEBRIDGE MORTGAGE BANKERS CORPORATION DBA REFINANCE.COM which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1994,Page 2895. By Assignment of Mortgage recorded 08/11/2008 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200827245. The mortgage and t . assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2010 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. Fiio#: 259640 g 6. The following amounts are due on the mortgage as of 11/15/2012: Principal Balance $201,168.40 Interest $32,586.87 10/01/2010 through 11/15/2012 Late Charges $220.83 Property Inspections $98.00 Property Preservation $28.00 Escrow Advance $9,270.47 Suspense Balance 807.65 TOTAL $242,564.92 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(s)has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s)on the date(s) set forth thereon. File k: 259640 WHEREFORE,Plaintiff demands an in rem judgment against the Defendant(s)in the sum t of$242,564.92,together with interest, costs, fees,and charges collectible under the mortgage including but not limited to attorneys fees and costs,and for the foreclosure and sale of the mortgaged property. I PHELAN-H.T N & SCHMIEG,LLP By. Allis n. uckerm. Esq.,Id. No. 309519 Attorneys rPlai aff File N: 259640 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Upper Allen,County of Cumberland, Commonwealth of Pennsylvania,_being more particularly bounded and described as follows: r r BEGINNING at a steel pin on the southern most dedicated right-of-way line of Allenview.Drive,at the corner of Lot No. 18 on the hereinafter mentioned plan of lots;THENCE extending in and along said dedicated r right-of-way line,North Seventy-Nine(79)degrees Forty-One(41)minutes Thirty(30)seconds East,Ninety and Zero Tenths(90.0)feet to a Steel pin on said right-of-way line at lands NIF.of Breneman and Calabrese; THENCE by last mentioned lands, South Ten(10)degrees Eighteen(18)minutes Thirty(30)seconds East, s One Hundred Fifty(150)feet to a steel pin at a common area reserved for recreation as shown on the hereinafter mentioned plan of lots;THENCE extending South Seventy-Nine(79)degrees Forty-One(41) minutes Thirty(30)seconds West;Ninety(90)feet to a steel pin at the corner of Lot No. 18;THENCE extending along said Lot No. 18,North Ten(10)degrees Eighteen(18)minutes Thirty(30) seconds West, One Hundred Fifty(150)feet to a steel pin on the dedicated right-of-way line of Allenview Drive and the place of BEGINNING. } . i CONTAINING 13,500 square feet and being designated as Lot No. 17 on Stage 1 of a final subdivision plan prepared for Allenview Inc., by Clifton E. Rodgers&Associates,dated March 15, 1976,and recorded in the Office of the Recorder of Deeds in and for Cumberland County,Pennsylvania,in Plan Book 29,Page 77. IT BEING known and numbered as 338 Allenview Drive,Mechanicsburg,Pennsylvania. PARCEL NO..28-2423-01"64-0000000-42 BEING the same premn ses which Allenview,Inc.,by Indenture dated 08-30-79 and recorded 09-06-79 in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book Q28 Page 290, granted and conveyed unto Theodore Motz and Joanne M. Motz, his wife. PROPERTY ADDRESS: 338 ALLENVIEW DRIVE, MECHANICSBURG,PA 17055-6149 PARCEL#42-28-2423-164 File It: 259640 i VERIFICATION F �r�2A�0 IUYU/C�2 hereby states that® 1/ Pfi-'510,670 T she is V X�E of, JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Plaintiff in this matter, that®'she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of Gfher information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec.4904 relating to unsworn falsification to authorities. Name: 4,,ex,, DATE: Title: v1 D.Et1DE�Vr JPMORGAN CHASE BANK, NATIONAL ASSOCIATION File#: 259640 Name: MOTZ IN THE COURT OF COMMON PLEAS JPMORGAN CHASE BANK,N.A.,SB/M TO CHASE HOME OF CUMBERLAND COUNTY, i FINANCE,LLC. PENNSTLVANIA Plaintiff(s) ! vs. f THEODORE MOTZ JOANNE M.MOTZ Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have an attorney,you must take the following steps to be eligible for a conciliation. conference. First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at (717)243-9400 extension 2510 or(800)822-5288 extension 2510 and request appointment of a legal representative at not charge to you.Once you have been appointed a legal representative,you must promptly meet with the legal representative within twenty(20)days of the appointment date.During that meeting,you must provide the legal representative with all the requested financial information so that a loan resolution proposal can be prepared on your behalf.If you and your legal representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and file a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the i 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 attempt to work out a reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a conciliation conference.' It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative.However,you must provide your lawyer with all the requested financial 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 s attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be filed with the Court within.sixty(60)days of the service upon you of the foreclosure complaint.If you do so and a t conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work our reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward, IF YOU WISH TO SAVE YOUR HOME;YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully su ted Date 8*91*'ur. ,: f " :.rua-.el for Plaintiff %-umpertanu x.vuuty nrsiueu tin i ivturtgagC rulvtaubury v1vcrbtuu rivgeam Financial Worksheet i Date Cumberland County Court of Common Please Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the a following information to the best of your knowledge: CtNTOMEIR/1"RIMARY APPLICANT 1 f Borrower name(s): Property Address: City: State. Zip. Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes El No ❑ Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? Mailing Address: City: _ _ State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: j #of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: __ Loan Number: Date you Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes❑ No ❑ If yes,provide names, location of court, case number& attorney: s Assets Amount,Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile#1: Model: Year: Amount owed:.. Value: Automobile#2: Model: Year: Amount owed: Value: Other transportation(automobiles boats,motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. 2. 3. Additional Income Description(not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days:: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage 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 Su ort/Alim. Spending Money, Da /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ 11 yc;b)Fjr, r,il1V V1UG L11G 1V11VM116 1111VMIaL1V11. Counseling Agency: _ Counselor: Phone(Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes,please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes,please indicate the status of those negotiations: Please provide the following information, if you know,regarding your lender or lender's loan servicing company: Lender's Contact(Name): Phone: Servicing Company(Name): Contact: Phone: i AUTHORIZATION 1 UWe, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. UWe understand that Uwe am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this page along with the following information to lender: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement(if property is currently on the market) Exhibit B I SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff tiyt1l,at Cunlb,014 6t Jody S Smith Chief Deputy .r Richard W Stewart -` Solicitor OFFicE OF THE ShERIFF j JPMorgan Chase Bank, N.A., s/b/m To Chase Nome Finance LLC vs. Case Number Theodore Mott 2013-282 SHERIFF'S 'RETURN OF SERVICE 01/24/2013 05:26 PM-Deputy Jason Kinsler, being duly sworn according to law,served the requested Complaint in ( Mortgage Foreclosure by"personally"handing a true copy to a person representing themselves to be the I Defendant,to wit:7heodore Motz at 338 Alienview Drive,Upper Allen Twp, Mechanicsburg, PA 17055, I J ON KINSLER,DEPUTY SHERIFF COST: $38.00 SO ANSWERS, x 207 I January 25,2013 RONW R ANDERSON, SHERIFF I I ° SHERIFF'S OFFICE OF CUMBERLAND CPUNTY Ronny R Anderson r`r THE F'r?Q r O;Nt�� e Sheriff `o�gtiv of Gum6r��dnp . 20l3 APR Jody S Smith r R -2 a�1 j� 47 Chief Deputy .. ` QU S&RLANQ CQ(ft T Richard W Stewart .M ENNS ND Solicitor OFFICE OF THE SHERIFF 01A Y JPMorgan Chase Bank,N.A.,s/b/m To Chase Home Finance LLC Case Number vs. I Theodore Motz(et al.) 2013-282 SHERIFF'S RETURN OF SERVICE 03/26/2013 07:07 PM-Deputy Shawn Gutshall,being duly swom according to law,served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a penmen representing themselves to be Theodore Motz-Husband,who accepted as"Adult Person in Charge"for Joanne M Motz at 338 Allenview Drive,Upper Allen Twp,Mechanicsburg,PA 17055. GU SHA DEPUTY SHERIFF COST:$48.00 SO ANSWERS, A March 27,2013 TON R ANDERSON,SHERIFF i (c)CountySufle Sheriff.Teteosofl.Inc. 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,N.A., S/B/M TO Court of Common Pleas CHASE HOME FINANCE, LLC. 3415 VISION DRIVE Civil Division COLUMBUS, OH 43219 Term Plaintiff No. 2013-282-CIVIL V. Cumberland County THEODORE MOTZ JOANNE M. MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055-6149 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: THEODORE MOTZ JOANNE M. MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG,PA 17055-6149 Date: o B Jos ph Schalk, Esquire Att me for Plaintiff 259640 r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN.CHASE BANK,N.A., S/B/M TO CHASE HOME FINANCE, LLC. Court of Common Pleas 3415 VISION DRIVE Civil Division COLUMBUS, OH 43219 Term Plaintiff V. No. 2013-282-CIVIL THEODORE MOTZ Cumberland County JOANNE M. MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055-6149 Defendants ORDER AND NOW,this /2 r day of 9 w,N. , 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. m :)r 7 l ::a N C) I fig �;'P' •� ✓> 259640 CC : Theodore Motz and Joanne M. Motz Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 THEODORE MOTZ JOANNE M. MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG,PA 17055-6149 259640 i a: '= L FFi E PHELAN HALLINAN, LLP ter= T ;E ' �OTHONOTARY Attorney for Plaintiff Adam H. Davis, Esq., Id. No.20�'0, MUG 12 AMA 9: It$ 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza CUMBERLAND COUNTY Philadelphia, PA 19103 P E WN S Y LVAN I A Adam.Davis@PhelanHallinan.com 215-563-7000 JPMORGAN CHASE BANK,N.A., SB/M CUMBERLAND COUNTY TO CHASE HOME FINANCE LLC COURT OF COMMON PLEAS VS. CIVIL DIVISION THEODORE MOTZ JOANNE M.MOTZ No. 13-282-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against THEODORE MOTZ and JOANNE M. MOTZ,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 $242,56492 TOTAL $242,564.92 I hereby certify that(1) the Defendants' last known address is 338 ALLENVIEW DRIVE, MECHANICSBURG, PA 17055-6149, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237..1. el�lll Date Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 3 b3W a PH#753474 PROTHONOTARY 753474 r��aR4a�� PHELAN HALLINAN,LLP Attorney for Plaintiff Adam H.Davis,Esq.,Id. No.203034 1617 JFK Boulevard, Suite 1400 .One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 JPMORGAN CHASE BANK,N.A.,S/B/M CUMBERLAND COUNTY TO CHASE HOME FINANCE LLC COURT OF COMMON PLEAS VS. CIVIL DIVISION THEODORE MOTZ No. 13-282-CIVIL JOANNE M. MOTZ 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 THEODORE MOTZ is over 18 years of age and resides at 338 ALLENVIEW DRIVE, MECHANICSBURG, PA 17055-6149. (c) that defendant JOANNE M. MOTZ is over 18 years of age and resides at 338 ALLENVIEW DRIVE, MECHANICSBURG, PA 17055-6149. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Phelan Hallinan,LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1.400 One Penn Center Plaza, Philadelphia, PA 1.9103 215-563-7000 753474 Department of Defense Manpower Data Center Results as of:Aug-09-2013 12:07:16 SCRA 3.0 r Stator Report �y Pursuant to Servicemombom Civil Rel erAct 4y4 ,✓ Last Name: MOTZ First Name: THEODORE Middle Name: Active Duty Status As Of: Aug-09-2013 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:Acuve 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 v41hin"367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpowei 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. 011, Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Department of Defense Manpower.Data Center Results as of:Aug-0g-201312:07:14 SCRA 3.0 Staff Repo C Pursuatit to Sere cer> ombem Civil Reie'Act- s, Last Name: MOTZ First Name: JOANNE Middle Name: M Active Duty Status As Of: Aug-09-2013 On Active Duly 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"lhe'A,dive 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 .. z No - NA This response reflects where the individual left active duty status within 367-days preceding the Active Duty Status Date s 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 This response reflects whether the individual Ior'his/her unit has received early nobficationrtto 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. 4 Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Centef 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 (Rule of Civil Procedure No. 236) -Revised JPMORGAN CHASE BANK,N.A., SB/M CUMBERLAND COUNTY TO CHASE HOME FINANCE LLC COURT OF COMMON PLEAS VS. THEODORE MOTZ CIVIL DIVISION JOANNE M.MOTZ No. 13-282-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on B • ,3wjp If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. 753474 JPMORGAN CHASE BANK,N.A.,S/B/M TO COURT OF COMMON PLEAS CHASE HOME FINANCE LLC - CIVIL DIVISION Plaintiff V. NO. 13-282-CIVIL ' THEODORE MOTZ JOANNE M.MOTZ CUMBERLAND COUNTY Defendant(s) TO: THEODORE MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG,PA 17055-6149 DATE OF NOTICE: 13 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS.CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE 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 By: za jd.ch, "S No.310721 Att ley r laintiff t P -]an inan,LLP a 1617 3 Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#753474 JPMORGAN CHASE BANK,N.A.,SB/M TO COURT OF COMMON PLEAS CHASE HOME FINANCE LLC CIVIL DIVISION Plaintiff V. NO. 13-282-CIVIL THEODORE MOTZ JOANNE M.MOTZ CUMBERLAND COUNTY Defendant(s) TO: JOANNE M.MOTZ 338 ALLENVIEW.DRIVE MECHANICSBURG,PA 17055-6149 DATE OF NOTICE:. - - __ THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square' CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 17)249-3166 By: T,ach• Jci ; .- .,Id.No.310721 Att m r P intiff T' elan -all' an,LLP 1617 F' oulevard,Suite 1400 One. nn:CenterPlaza Philadelphia,PA 19103 PH#753474 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 JPMORGAN CHASE BANK,N.A.,S/B/M TO CHASE HOME FINANCE COURT OF COMMON PLEAS LLC Plaintiff CIVIL DIVISION V. NO.: 13-282-CIVIL THEODORE MOTZ JOANNE M.MOTZ CUMBERLAND COUNTY Defendant(s) ±' To the Prothonotary: C Issue writ of execution in the above matter: V co :;X" t-+11 M. Amount Due $242,564.92r -- c c" Interest from 08/10/2013 to Date of Sale $4,664.79 ($39.87 per diem) y�' TOTAL $247,229.71 Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Note: Please attach description of property. PH#713474 0& 3�00 mit y' ' ov (It, �.a s Imo ' � � FOE �9 l� IN THE COURT OF COMMON PLEAS OF _ CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,N.A.,S/B/M TO CHASE HOME FINANCE LLC Plaintiff V. THEODORE MOTZ JOANNE M.MOTZ Defendant(s) i PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Filed: Address where papers may be served: THEODORE MOTZ Phelan Hallinan,LLP 338 ALLENVIEW DRIVE Adam H.Davis,Esq.,Id.No.203034 MECHANICSBURG,PA 17055-6149 Attorney for Plaintiff JOANNE M.MOTZ 338 ALLENVIEW DRIVE Y MECHANICSBURG,PA 17055-6149 t- . r e t a 1 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Upper Allen,County of Cumberland, Commonwealth of Pennsylvania,being more particularly bounded and described as follows: BEGINNING at a steel pin on the southern most dedicated right-of-way line of Allenview Drive,at the corner of Lot No. 18 on the hereinafter mentioned plan of lots;THENCE extending in and along said dedicated right-of-way line,North Seventy-Nine(79)degrees Forty-One(41)minutes Thirty(30)seconds East,Ninety and Zero Tenths(90.0)feet to a steel pin on said right-of-way line at lands N/F of Breneman and Calabrese;THENCE by last mentioned lands,South Ten(10)degrees Eighteen(18)minutes Thirty(30) seconds East,One Hundred Fifty(150)feet to a steel pin at a common area reserved for recreation as shown on the hereinafter mentioned plan of lots;THENCE extending South Seventy-Nine(79)degrees Forty-One (41)minutes Thirty(30)seconds West,Ninety(90)feet to a steel,pin at the comer of Lot No. 18;THENCE extending along said Lot No. 18,North Ten(10)degrees Eighteen(18)minutes Thirty(30)seconds West, One Hundred Fifty(150)feet to a steel pin on the dedicated right-of-way line of Allenview Drive and the place of BEGINNING. CONTAINING 13,500 square feet and being designated as Lot No. 17 on Stage I of a final subdivision plan prepared for Allenview Inc.,by Clifton E.Rodgers&Associates,dated March 15, 1976,and recorded in the Office of the Recorder of Deeds in and for Cumberland County,Pennsylvania,in Plan Book 29,Page 77. UNDER AND SUBJECT NEVERTHELESS, to the declarations and covenants and restrictions prepared for Allenview Inc., and recorded in the Office of the Recorder of Deeds in and for Cumberland County,Pennsylvania,in Miscellaneous Book 226, Page 24. TITLE TO SAID PREMISES IS VESTED IN Theodore Motz and Joanne M.Motz, his wife,by Deed from Allenview, Inc., a corporation organized and existing under and by virtue of the laws of the commonwealth of PA, dated 08/30/1979,recorded 09/06/1979 in Book Q28, Page 290. , PREMISES BEING:338 ALLENVT-EW DRIVE,MECHANICSBURG,PA 17055-6149 PARCEL NO.42-28-2423-164 JPMORGAN CHASE BANK,N.A., S/B/M TO CHASE COURT OF COMMON PLEAS HOME FINANCE LLC Plaintiff CIVIL DIVISION V. NO.: 13-282-CIVIL THEODORE MOTZ JOANNE M. MOTZ CUMBERLAND COUNTY Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 JPMORGAN CHASE BANK,N.A.,SB/M TO CHASE HOME FINANCE LLC,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 338 ALLENVIEW DRIVE,MECHANICSBURG,PA 17055-6149. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) THEODORE MOTZ 338 ALLENVIEW DRIVE, MECHANICSBURG,PA 17055-6149 JOANNE M.MOTZ 338 ALLENVIEW DRIVE, MECHANICSBURG,PA 17055-6149 cn -0, , 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) , C-- yt THEODORE MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG,PA 17055-6149 JOANNE M.MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG,PA 17055-6149 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. PH#753474 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 338 ALLENVIEW DRIVE MECHANICSBURG,PA 17055-6149 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 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: By: Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1.400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#753474 JPMORGAN CHASE BANK,N.A.,S/B/M TO CHASE HOME : COURT OF COMMON PLEAS FINANCE LLC CIVIL DIVISION Plaintiff : : NO.: 13-282-CIVIL VS. THEODORE MOTZ CUMBERLAND COUNTY JOANNE M.MOTZ Defendant(s) r � �� NOTICE OF SHERIFF'S SALE OF REAL PROPERTY �c ca ` � c� TO: THEODORE MOTZ �o CD CD C", JOANNE M.MOTZ y ` ' 338 ALLENVIEW DRIVE --i C n MECHANICSBURG,PA 17055-6149 "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 338 ALLENVIEW DRIVE,MECHANICSBURG,PA 17055-6149 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$242,564.92 obtained by JPMORGAN CHASE BANK,N.A.,SB/M TO CHASE HOME FINANCE LLC (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 maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one,the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale.if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. Yod,have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff give's a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Upper Allen,County of Cumberland, Commonwealth of Pennsylvania,being more particularly bounded and described as follows: BEGINNING at a steel pin on the southern most dedicated right-of-way line of Allenview Drive,at the corner of Lot No. 18 on the hereinafter mentioned plan of lots;THENCE extending in and along said dedicated right-of-way line,North Seventy-Nine(79)degrees Forty-One(41)minutes Thirty(30)seconds East,Ninety and Zero Tenths(90.0)feet to a steel pin on said right-of-way line at lands N/F of Brenernan and Calabrese;THENCE by last mentioned lands,South Ten(1.0)degrees Eighteen(18)minutes Thirty(30) seconds East,One Hundred Fifty(150)feet to a steel pin at a common area reserved for recreation as shown on the hereinafter mentioned plan of lots;THENCE extending South Seventy-Nine(79)degrees Forty-One (41)minutes Thirty(30)seconds West,Ninety(90)feet to a steel pin at the corner of Lot No. 18;THENCE extending along said Lot No. 18,North Ten(10)degrees Eighteen(18)minutes Thirty(30)seconds West, One Hundred Fifty(150)feet to a steel pin on the dedicated right-of-way line of Allenview Drive and the place of BEGINNING. CONTAINING 13,500 square feet and being designated as Lot No. 17 on Stage I of a final subdivision plan prepared for Allenview Inc.,by Clifton E.Rodgers&Associates,-dated March 15, 1976,. and recorded in the Office of the Recorder of Deeds in and for Cumberland County,Pennsylvania,in Plan Book 29,Page 77. UNDER AND SUBJECT NEVERTHELESS, to the declarations and covenants and restrictions prepared for Allenview Inc., and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania,in Miscellaneous Book 226,Page 24. TITLE TO SAID PREMISES IS VESTED IN Theodore Motz and Joanne M. Motz, his wife, by Deed from Allenview, Inc., a corporation organized and existing under and by virtue of the laws of the commonwealth of PA, dated 08/30/1979,recorded 09/06/1979 in Book Q28, Page 290. PREMISES BEING: 338 ALLENVIEW DRIVE,MECHANICSBURG,PA 17055-6149 r PARCEL NO.42-28-2423-164 r SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-282-CIVIL JPMORGAN CHASE BANK.,N.A.,S/B1M TO CHASE HOME FINANCE LLC V. THEODORE MOTZ JOANNE M. MOTZ owner(s) of property situate in the TOWNSHIP OF UPPER ALLEN, CUMBERLAND County,Pennsylvania,being 338 ALLENVIEW DRIVE,MECHANICSBURG,PA 17055-6149 Parcel No. 42-28-2423-164 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $242,564.92 Attorneys for Plaintiff Phelan Hallinan, LLP PHELAN HALLINAN, LLP L iw'f 1-(),:j:i Attorneys for Plaintiff Adam H. Davis, Es q., Id. No.203034 r' hIE P R 0 T H U-T 1617 JFK Boulevard, Suite 1400 AUG 12 AN One Penn Center Plaza Philadelphia, PA 19103 rUMBEIRLANO coublTy Adam.Davis@PhelanHallinan.com PEtilqSYLVANIA 215-563-7000 JPMORGAN CHASE BANK,N.A.,S/B/M TO CHASE HOME COURT OF COMMON PLEAS FINANCE LLC Plaintiff CIVIL DIVISION V. NO.: 13-282-CIVIL THEODORE MOTZ JOANNE M.MOTZ CUMBERLAND COUNTY 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 the premises is non-owner occupied the premises is vacant (X) 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: z5p( �y^_ &� Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-282 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.,S/B/M TO CHASE HOME FINANCE LLC Plaintiff(s) From THEODORE MOTZ,JOANNE M.MOTZ (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: $242,564.92 L.L.: $.50 Interest from 08/10/2013 to Date of Sale($39.87 per diem)-$4,664.79 Atty's Comm: Due Prothy: $2.25 Atty Paid: $,� 7L co Other Costs: Plaintiff Paid: Date: August 12,2013 1 David D.Buell,Prothonotary (Seal) Deputy REQUESTING PARTY: Name: ADAM H.DAVIS,ESQUIRE Address: Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No.203034 AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK,N.A.,SB/M TO CHASE HOME FINANCE LLC PH#753474 DEFENDANT SERVICE TEAM/Ixh THEODORE MOTZ COURT NO.:13-282-CIVIL C11 JOANNE M.MOTZ y tea n SERVE THEODORE MOTZ AT: TYPE OF ACTION 338 ALLENVIEW DRIVE XX Notice of Sheriff's Sale t�*1 Tit 1 Wit" MECHANICSBURG,PA 17055-6149 SALE DATE: December 4,201.3 SERVED *� �, � ` <t� �' ,Served and mad known to THEODORE MOTZ,Defendant on the E day of�,20( ,at y n 3O,oclock .M.,at 3 in the manner described below: _Defendant personally served. N Adult family member with whom Defendant(s)reside(s). Relationship is S _Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _Other: Description: Age Height s ?-µ Weight [q6'S Race V%-� Sex-Other 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. 0. DATE: `J l X13 NAME: PRINTED,"1 NA`Yc&MEE:� TITLE: S segiQt- NOT SERVED On the day f 20_,at o'clock .M.,1, a competent adult hereby state thatT � endant 6ecause: _Vacant oes Not Exist _M ved _Does Not Reside(Not Vacant) No Answer on at 'Le at _Service Refused %9 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 161.7 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK,N.A.,SB/M TO CHASE HOME FINANCE LLC PH It 753474 DEFENDANT SERVICE TEAM)Ixh THEODORE MOTZ COURT NO.: 13-282-CIVIL JOANNE M.MOTZ SERVE JOANNE M.MOTZ AT: TYPE OF ACTION 338 ALLENVIEW DRIVE XX Notice of Sheriff's Sale C7 , MECHANICSBURG,PA 17055-6149 SALE DATE: December 4,2013 SERVED t"�€ Served and made known to JOANNE M.MOTZ,Defendant on the Z3 day of�,20 I aO_r o �b o'clock-PM,,at 339 ME00Jyt J �Vt1C in the manner described below: - _Defendant personally served. y _LO-Adult family member with whom D fendant(s)reside(s). G3 =c 7 Relationship is%Nekm �� p, " -` _Adult in charge of Defendant's residence who refused to give name or relationship. )? I- T Phelan Hallinan, LLP AWL:, L� Justin F. Kobeski, Esq., Id. No.200392 lATTORNEY�r'OR PLAINTIFF 1617 JFK Boulevard, Suite 1400 1'1 5 L A i p COUNT Y One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,N.A., S/B/M TO • Court of Common Pleas CHASE HOME FINANCE LLC • Plaintiff • Civil Division • v. • CUMBERLAND County • THEODORE MOTZ No.: 13-282-CIVIL JOANNE M. MOTZ • 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 January 17, 2013. 2. Judgment was entered on August 12, 2013 in the amount of$242,564.92. 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. 753474 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 $201,168.40 Interest Through December 4, 2013 $48,741.98 Late Charges $220.83 Legal fees $1,550.00 Cost of Suit and Title $576.50 Property Inspections $224.00 Escrow Deficit $14,831.17 Suspense/Misc. Credits ($807.65) TOTAL $266,505.23 6. Plaintiff paid the following in taxes and insurance during the time the loan was in default: 4/14/2011 ESCROW BALANCE ($222.23) 4/14/2011 TOWNSHIP TAX $854.18 8/2/2011 HOMEOWNERS INSURANCE $1,112.19 8/11/2011 SCHOOL TAX $3,055.09 4/6/2012 TOWNSHIP TAX $879.71 5/3/2012 PAYMENT ($448.65) 6/6/2012 PAYMENT ($448.65) 8/1/2012 HOMEOWNERS INSURANCE $1,403.36 8/16/2012 SCHOOL TAX $3,085.47 3/26/2013 TOWNSHIP TAX $987.42 8/1/2013 HOMEOWNERS INSURANCE $1,487.81 8/7/2013 SCHOOL TAX $3,085.47 TOTAL $14,831.17 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 753474 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 October 3, 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: 6//,57/ By: Justin F j obeski, squire ATT y EY FOR PLAINTIFF 753474 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., S/B/M TO • Court of Common Pleas • CHASE HOME FINANCE LLC Plaintiff • Civil Division v. • CUMBERLAND County THEODORE MOTZ • No.: 13-282-CIVIL • JOANNE M. MOTZ Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE THEODORE MOTZ and JOANNE M. MOTZ 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 338 ALLENVIEW DRIVE, MECHANICSBURG, PA 17055-6149. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 753474 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 753474 Company v. Burns, 414 Pa. 495,200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276(1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums,fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 753474 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However,Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser,Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding,Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire,Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. 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. 753474 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. 753474 • VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as their interests will be divested by the Sheriffs sale. 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. 753474 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. 753474 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: d/45//3 By: Justin F. obeski, Esquire Atto : for Plaintiff 753474 Exhibit "A" 753474 PHELAN HALLINAN,LLP Attorney for Plaintiff Adam H.Davis,Esq.,Id_No.203034 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 c., o T Adam.Davis @PhelanHallinan.com 4, --t,�.. 215-563-7000 -ow 71P m Z -v=-1 � o JPMORGAN CHASE BANK,N.A.,S/B/M : CUMBERLAND COUNTY Y.Zy N.) TO CHASE HOME FINANCE LLC Q oT, COURT OF COMMON PLE1Zn c",, , vs. `c C : CIVIL DIVISION z-► 7 co THEODORE MOTZ JOANNE M.MOTZ : No. 13-282-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FA ANSWER AND ASSESSMENT OF DAMAGENEAsECOPy SRN TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against THEODORE MOTZ and JOANNE M.MOTZ,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 $242,564.92 TOTAL PLj , z r. •Pr �•N I hereby certify that(1)the Defendants'last known address is 338 ALLENVIEW -6149 and(2)that notice has been given in its5rdance with Rule Pa.R.C.P 237.1. `� • - - — Date A H.Davis,Esq.,Id.No.203034 -SE 1,404:#ep ' RED DAMAGES ARE REBY ASSESSED AS INDICATED. DATE: 8l� 1. � WOW PH#753474 PROTHONOTARY 753474 Exhibit "B" 753474 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia,PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania October 2"d,2013 THEODORE MOTZ JOANNE M. MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055-6149 RE: JPMORGAN CHASE BANK,N.A., S/B/M TO CHASE HOME FINANCE LLC v. THEODORE MOTZ and JOANNE M. MOTZ Premises Address: 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 CUMBERLAND County CCP,No. 13-282-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 10N2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yo II. Just', It beski,Esq., Id.No.200392 Atty: ey fsr Plaintiff Enclosure 753474 Name and Phelan liallinan,LLP ° ry Address 111114. 1617 JFK Boulevard,Suite 1400 Of Sender One Penn Center Plaza c) Philadelphia,PA 19103 I YAR i C7 • • Line Article Number J Name ofAddreas SfreettandPostO€fiee,Addiess Postage 11 a 1 ••*• THEODORE MOTZ $0.46 i JOANNE M.MCTZ • 338 ALLENVIEW DRIVE MECHANICSBURG PA 17055-6149 �.i ,100 •• RE:THEODORE:MOTZ(CUMfERLANj) PH#753474/1200 Page 1 61'1 $0,46 x. rd" 4 Total - NNvnCu of Tool Number of Pieces Pte.Per{T4rm( -The fitl}rledvetion of eis mum:tine stldpinearic and itietaatiosal rtg mail.no ma, qsy Pine Lured b,Salo Rx•nod r post Olkt RatirjuEEglptvyea) tar ffie reonastrondoa of eoanavdd7k doegmmta ruder 8%Ixn*Mail document to omtnrtio-n■m v ti • Pio=ittbidet foaijmgW 5300,000 ppraauxseu.The010.itro+m nr6cmnry payable on Eartot, no th;-" maimmo iettnnnity payable is 121,010 for registered mo lent u anioaal insunnet • R9QO5919f+N 5911 for timRlsdons otOVmaie. • K: Form 3877 Facsimile OCT-3 70I3. , • • • • • • • 75147:1 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., S/B/M TO : Court of Common Pleas • CHASE HOME FINANCE LLC Plaintiff • Civil Division • v. • CUMBERLAND County • THEODORE MOTZ • No.: 13-282-CIVIL • JOANNE M. MOTZ 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. THEODORE MOTZ JOANNE M. MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055-6149 Phelan Hallinan,LLP DATE: d ,s�3 By: Justin F obeski, Esquire AT •RNEY FOR PLAINTIFF 753474 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK,N.A., SB/M TO Court of Common Pleas CHASE HOME FINANCE LLC Plaintiff Civil Division V. CUMBERLAND County THEODORE MOTZ No.: 13-282-CIVIL JOANNE M. MOTZ Defendants RULE AND NOW,this Z z J day of &.Av kr 2013, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY T COURT J. Sr M� <CD - :> � m cn `re- 753474 ustin F.Kobeski,Esq.,Id.No.200392 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 �FA�X: (215)563-3459 ./ THEODORE MOTZ JOANNE M. MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055-6149 �d !> � 753474 753474 P141-1:0:1/i11:30E:),‘ M1 Fx: CUMBERLAND Phelan Hallinan, LLP John Michael Kolesnik, Esq., Id. No.308877 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 John.Kolesnik@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,N.A., S/B/M TO : Court of Common Pleas CHASE HOME FINANCE LLC • Plaintiff • Civil Division vs. • CUMBERLAND County THEODORE MOTZ • JOANNE M. MOTZ • No.: 13-282-CIVIL • Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 22, 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. THEODORE MOTZ JOANNE M. MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055-6149 Phelan linan, LLP a / ,�o /i B DATE: l / 1 Y• Jo/`'chael Kolesnik, Esq., Id. No.308877 ttorney for Plaintiff 753474 • THE n':13 ='m►1 19 hi)' J I I AND CUUt' T PEN NS YLV,t IA 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,N.A., S/B/M TO • Court of Common Pleas • CHASE HOME FINANCE LLC Plaintiff : Civil Division • vs. • CUMBERLAND County • THEODORE MOTZ : No.: 13-282-CIVIL • JOANNE M. MOTZ Defendants MOTION TO MAKE RULE ABSOLUTE JPMORGAN CHASE BANK,N.A., SB/M TO CHASE HOME FINANCE LLC, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on October 16, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on $concurrenceLetterSent and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local 753474 Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued on October 22, 2013 directing the Defendants to show cause by November 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 October 30, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of November 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 Hallinan, LLP DATE: //// 1/ 3 By: athan Lobb, Esq.,Id.No.312174 Attorney for Plaintiff 753474 Exhibit "A" 753474 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia,PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania October 2nd,2013 THEODORE MOTZ JOANNE M. MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG,PA 17055-6149 RE: JPMORGAN CHASE BANK,N.A., S/B/M TO CHASE HOME FINANCE LLC v. THEODORE MOTZ and JOANNE.M. MOTZ Premises Address: 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 CUMBERLAND County CCP,No. 13-282-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 1 cj /2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yo _, 0 Juste, lobeski,Esq., Id.No.200392 Atte ey I r Plaintiff Enclosure 753474 • 0 M Name and Phelan Haltinan,LLP Address 16 111 17 JFK Boulevard,Suite 1400 a Of Sender One Penn Center Piste t Ptuladelphiat PA 19103 KVM , l Q n Line Article Number Name ofAtl dreebes,Streeksad Post O£ticaAddress Postage I to 1 •«i« TRE.ODORE MOTZ 50.44 g JOANNE M.MOTZ a m �ssM 338 ALLENVIEW DRIVE a MECHANIC$BURG,PA 17055-614 RE:THEODORE MOTE(CUMBERLAN1)) PH#753474/12i)0 Page 1 of 1 50.46 Tad Mint of T01311 Mamba'of Pieces Paunsane,Per(None it t the faHdedentiae of.ites isaqui*on all domestic arid irk:national resource!mail,•ft!c Ihoca Lined by Seder Received at Post WA. Receiving l:'Wayee! tor the recessancelon afsonnegpleble docameraa under Ewen Mail&cnmml reeo,mnnsirn Olga aubjees to a henna$300000 per enctureeea.The maximum n,dcMndy payable on glee.,l ^•fw ��$:},. 's The=imam indemnity R90RS4t3 ae49 limvliaayal it it y+steud marl,wit with optional insurance see }ry,, «�;lr`.1�.1t Form 3877 Facsimile • -3 20a' • • • • • • • • • 753474 Exhibit "B" 753474 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK,N.A., SB/M TO Court of Common Pleas CHASE HOME FINANCE LLC Plaintiff , Civil Division v. CUMBERLAND County THEODORE MOTZ No.: 13-282-CIVIL JOANNE M. MOTZ Defendants RULE AND NOW,this_42,,, ay of j 2013, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court,Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT ,ev_st J. r �.x 753474 Justin F.Kobeski,Esq.,Id.No.200392 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 THEODORE MOTZ JOANNE M. MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG,PA 17055-6149 753474 753474 • • Exhibit "C" 3 OCT 3 P All PENN \;'I.'..VANIA N 33 Phelan Hallinan, LLP John Michael Kolesnik, Esq.,Id. No.308877 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 John.Kolesnik@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,N.A., S/B/M TO Court of Co n< Taro CHASE HOME FINANCE LLC Plaintiff Civil Division vs. CUMBERLAND County t THEODORE MOTZ o JOANNE M. MOTZ • No.: 13-282-C ` p ' otwo Defendants CERTIFICATION OF SERVICE_ I hereby certify that a true and correct copy of the Court's October 22,2013 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. THEODORE MOTZ JOANNE M. MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG,PA 17055-6149 Phelan lin ,LLP DATE: lea r By: / _ Jok:'°` .chae1 Kolesnik,Esq., Id. No.308877 ttorney for Plaintiff 753474 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,N.A., S/B/M TO • Court of Common Pleas CHASE HOME FINANCE LLC • Plaintiff • Civil Division vs. • CUMBERLAND County THEODORE MOTZ • No.: 13-282-CIVIL JOANNE M. MOTZ • Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. THEODORE MOTZ JOANNE M. MOTZ 338 ALLENVIEW DRIVE MECHANICSBURG, PA 17055-6149 Phelan Hallinan, LLP DATE: / 1/13 /13 By: Jo an Lo b, Esq., Id. No.312174 Attorney for Plaintiff 753474 FILED-OFFICE: • OF THE: PROTHONOTARY • NOS'-20 f? '10 2 • . PHELAN HALLINAN,LLP . Attorney for Plamtt • •. Adam H.Davis,Esq.,Id.No.203034 ; CUMBERLAND COUNTY • • • 1.617 JFK Boulevard,Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia,PA 19103 • • s :Adain.Davis @Phelan.Hallinan.com ' 215-563-7000 • • . IN THE COURT OF COMMON PLEAS . . . OF CUMBERLAND:COUNTY,PENNSYLVANIA • JPMORGAN CHASE BANK,N.A.,SB/M TO„ CUMBERLAND COUNTY CHASE HOME FINANCE LLC , ' '. . ' ' Plaintiff, rd, • COURT;OF COMMON PLEAS v. CIVIL DIVISION THEODORE MOTZ No.: 13-282-CIVIL JOANNE M.MOTZ 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 (Forni 3817) and/or;Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Date: ///(7/A7 IMPORTANT NOTICE: This property is sold atithe`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#753474 U S TREASURY DEPARTMENT 1000 LIBERTY AVENUE PITTSBURGH OFFICE ROOM 808 ROOM 808 • PITTSBURGH,PA 15222-9974 . • 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 . seasonably 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 338 ALLENVIEW DRIVE MECHANICSBURG,PA 17055-6149 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: /`// l /f V By: MIt.f. Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#753474 le and �� Phelan Hal:roan,LLP en 4 ress 1617 JF-K Boulevard,Suite 1400 e, mfr lender . One Penn Center Plaza •'Philadelphia,PR 19103 • . . . AZK/CET-12/0412013 SALE. k t Al 8 r r s Article Number Name of;Addressee,Street,ind Post Office Address •- Postage A. I''f 8' • ****. TENANT/OCCUPANT• SO.4S 1 44 w ' .338 ALLENVIEW PRIVE et o. MECHANiCSBURC,PA 17055-6149 ` of i eo• **** Commonwealth of Pennsyivanla•Bureau of Individual Taxes Inheritance Tax Division 50.45 to j a.. Q° • ' •bth Floor,Strawberry Sq. 0.4,0g . ! • Dept-280601 •' at•• lT+f��n ` Hsrrllsbttr;,PA 1712E = .'*** Department of Public Welfare,TPI,Casualty Unit,Estate Recovery Program 3U.45 u,P.O.Box 8486 l c WIllow Oak Building • • l ci o"t • • Harrisburg,PA 17105 • - , r ,.5 *•*• Domestic Relations of t ',set t Cumberland County. • •• SO.45 ^Ql . •• 13 North Ilanover.Strleet • • J Carlisle,P4 17813 N,� • 1. **** • • Conu aonweedtb of Pennsylvania. • • . 30.#5• •• Department of Welfare P.O.Box 2675 Harrisburg,PA 17105 i i •••• Internal Revenue Service Advisory $0.45 1000 Liberty Avenue Room 709 • / • Pittsburgh,PA 15222 **** U.S.Department of Justice $0.45 U.S.Attorney for the Middle District of PA Federal Banding 228 Walnut Street,Suite 220 • PO Box 11759 Harrisburg,PA 111084754 RE:THEODORE MQTEIgI'ME Ni).--mPli•#7534974i1421. • ,:Page-•LoLl.� Writ Team $3.15 1 Number of Total Number dPiecet rastaaarx.Per Manse of The full deslanties orntae is ravind on all domcsic and i uc:natgml reeisteme mail.The ram-imam indemnity payable is L•uted by Snider Received at Pan Office xeeeiviag Iatsplay,e) for the reconstruction of nannegotabte daursents wider bepeess Mall doc,, v recorstncikn irsurnam is ssoOo pct plea Abject tea hmnol 3300,W2 per mamma.1 he naunvm wdcniny payable on Express Mail aerclianeb,is 55W. Me maainuln indemnity payable is 525.000 for matured ma sera weh emknal insumree.Se.Demesne Man Manent l R9CO 5013 and 5921 fn tinitationa deovereca nn 3877 Facsimile a . w IV .. I. r -t - a Et -t Q. 2 n i0 ' r o tD cw �! b © ►.rp � da°c si4* E a toP '4 N• ' Eti c6 t tJ E. o i �4 r al x 5i v g a R to H °°I: gQ I- t ►— O 1 3 2 ` 2, d 0/ ess Pj 0 a i tq ',it ell V � v O A , g PIP N A• g. Q p CK t4 ▪ 1 «� aO. 8•a.§ p aa o a a 1 A, ENEE A F2 g o •, • r • i g •; fi',t�Slt v‘o\...„...7:_,y ,J • Y. . .US. C)WFS } •• • •• ZiF' 191 Q3 • $ CO2 40° • 02 tip ' ¢*+ ,T° 0001364191NUV 04 2013 H13 NOV 21 Pig CUMBERLAND IN THE COURT OF COMMON PLEAS PENNSYLVANIA CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,N.A., S/B/M TO Court of Common Pleas CHASE HOME FINANCE LLC Plaintiff Civil Division VS. CUMBERLAND County THEODORE MOTZ JOANNE M. MOTZ No.: 13-282-CIVIL Defendants ORDER AND NOW, this 2-0- day of JJwN.,&.e , 2013, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and 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 $201,168.40 Interest Through December 4, 2013 $48,741.98 Late Charges $220.83 Legal fees $1,550.00 Cost of Suit and Title $576.50 Property Inspections $224.00 Escrow Deficit $14,831.17 Suspense/Misc. Credits ($807.65) TOTAL $266,505.23 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the bove figure. BY OW: 4T J. 'T. /q642, 753474 J mc�Z' ,SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson : 4 Sheriff ( x �t+ba oSaluat� f� oW4: Jody S Smith Chief Deputy 20:€' FEB 2 3 1,;1 c Richard W Stewart CUMBERLAND Solicitor ;' ` ` ` `° ° ' PENNSYLVANIA JPMorgan Chase Bank, N.A. vs. Case Number Theodore Motz (et al.) 2013-282 SHERIFF'S RETURN OF SERVICE 09/30/2013 08:51 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 338 Allenview Drive, Upper Allen Twp, Mechanicsburg, PA 17055, Cumberland County. 10/01/2013 04:47 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Joanne M Motz at 338 Allenview Drive, Upper Allen Twp, Mechanicsburg, PA 17055, Cumberland County. 10/01/2013 04:47 PM -Deputy Jason Kinsler, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Joanne Motz, Wife, who accepted as"Adult Person in Charge"for Theodore Motz at 338 Allenview Drive, Upper Allen Twp, Mechanicsburg, PA 17055, 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: $813.62 SO ANSWERS, February 07, 2014 RONNY R ANDERSON, SHERIFF IN.00 , . a 444 9v9/ �:cu^ Su,te Sheri if,TC:osoR Irc. LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No.2013-282 Civil Term JPMORGAN CHASE BANK,N.A. vs. THEODORE MOTZ, Joanne M.Motz Atty.:Joseph Schalk By virtue of a Writ of Execu- tion No. 13-282-CIVIL, JPMORGAN CHASE BANK, N.A. s/b/m TO CHASE HOME FINANCE LLC v. THEODORE MOTZ, JOANNE M. MOTZ owner(s) of property situate in the TOWNSHIP OF UPPER ALLEN, CUMBERLAND County, Pennsylva- nia, being 338 ALLENVIEW DRIVE, MECHANICSBURG,PA 17055-6149. Parcel No.42-28-2423-164. Improvements thereon:RESIDEN- TIAL DWELLING. Judgment Amount:$242,564.92. 88 . ,r A PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 11, October 18 and October 25, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. 9sa Mari oyne, Edit r SWORN TO AND SUBSCRIB D before me this 25 day of October, 2013 .d try /. lii,.• �/ Notary N::TARI<,L SEAL ILDEBORAH A COLLINS Notary Pubic CARLISLE POROUGH,CUMBERLAND COUNTY My Cornrnission Exp■res Apr 28,2014 The Patriot-News Co.2020 Technology Pkwy e atnotXtws Suite 300 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. PUBLICATION COPY This ad ran on the date(s)shown below: 2013-282 ChM Term 10/13/13 JPMORGAN CHASE BANK,N.A. vs. 10/20/13 THEODORE MOTZ Joanne M Matz 10/27/13 At Joseph Schalk /0, / of by virtue of a Writ of Execution No. /i/ 13-282-CIVIL . . . . •I • . . . . . . . . . . . . . . . JPMORGAN CHASE BANK,NA,S/B/M ;' TO CHASE HOME FINANCE LLC v. tHEODOREMOTZ' Sworn to and subscribed befo; me this 11 day of November, 2013 A.D. JOANNE M.MOTZ owner(s) of property situate in the _. TOWNSHIP OF UPPER ALLEN, �� 1 ' I t 1 � / CUMBERLAND County, Pennsylvania, l I r1 being .tary Public 338 ALLENVIEW DRIVE, MECHANICSBURG,PA 17055-6149 Parcel No.42-28-2423-164 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELT,ING CCM(JOW r EALTH OF PENNSYLVANIA Judgment Amount:$242,564.92 Notarial eal Holly Lyn 2. riw` tai-y Public V'i'shii':M1g°:'Twp. P 'lohin county Commission Expires Dec.12,2016 -MEMBER.PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the 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 12th day of August, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 282, at the suit of JPMorgan Chase Bank,NA against Theodore Motz and Joanne M. Motz is duly recorded as Instrument Number 201404226. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this c day of F "J , A.D. (- Depdy Recorder Recorder(of Deeds Deeds,Cumberland County,Carlisle,PA My Coexnlsuzien Expires the First Monday of Jan.2018