HomeMy WebLinkAbout13-1728 Supreme Court of Pennsylvania
Cou C M Pleas For Prothonotary Use Only:
1 ,
et
CU "� ° County Docket No: Ila y
The information collected on this form is used solely for court administration purposes. This, form does not
supplement or replace the filing and service ofpleadings or other papers as required by law or rules o 'courl.
Commencement of Action:
19 Complaint ❑ Writ of Summons ❑ Petition
E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
C Lead Plaintiff's Name: JPMORGAN CHASE BANK, Lead Defendant's Name: STEPHEN G. RUDE
T NATIONAL ASSOCIATION
Are money damages requested? 11 Yes [9 No Dollar Amount Requested: 1:1 within arbitration limits
0 ; (Check one) 0 outside arbitration limits
N Is this a Class Action Suit? ❑ Yes ❑x No Is this an MDJ Appeal? ❑ Yes ❑x No
A Name of Plaintiff /Appellant's Attorney: Allison F. Zuckerman, Esq., Id. No.309519, Phelan Hallinan, LLP
❑ Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant)
Nature of the Place an "X" to the left of the ONE case category that most accurately describes your
Case PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
❑ Intentional ❑ Buyer Plaintiff Administrative Agencies
❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment
• Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections
• Nuisance ❑ Dept. of Transportation
• Premises Liability ❑ Statutory Appeal: Other
❑ Product Liability (does not
include mass tort) ❑ Employment Dispute:
❑ Slander/Libel/ Defamation Discrimination
E '! ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board
C „ ❑ Other:
T''
MASS TORT ❑ Other:
❑ Asbestos
N ❑ Tobacco
❑ Toxic Tort - DES
❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration
❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment
❑ Ground Rent ❑ Mandamus
❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations
® Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto
❑ Dental ❑ Partition ❑ Replevin
• Legal ❑ Quiet Title ❑ Other:
• Medical ❑ Other:
❑ Other Professional:
Pa.R.C.P. 205.5 Updated 01/01/2011
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PHELAN HALLINAN, 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
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION COURT OF COMMON PLEAS
1111 POLARIS PARKWAY
COLUMBUS, OH 43240 CIVIL DIVISION
Plaintiff TERM
V. NO. 9 i�a l civ
1
STEPHEN G. RUDE
MICHELLE RUDE CUMBERLAND COUNTY
6491 TESHLAR DRIVE
ANCHORAGE, AK 99507 -2221
Defendants
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 306640
C
I . Plaintiff is
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION
1111 POLARIS PARKWAY
COLUMBUS, OH 43240
2. The name(s) and last known address(es) of the Defendant(s) are:
STEPHEN G. RUDE
MICHELLE RUDE
6491 TESHLAR DRIVE
ANCHORAGE, AK 99507 -2221
who is /are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 02/15/2006 STEPHEN G. RUDE and MICHELLE RUDE made, executed and
delivered a mortgage upon the premises hereinafter described to MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR
COMMERCE BANK/HARRISBURG, N.A which mortgage is recorded in the Office of
the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1941, Page
423.By Assignment of Mortgage recorded 9/18/2012 the mortgage was assigned to
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION which Assignment is
recorded in Assignment of Mortgage Instrument 201228523.The mortgage and
assignment(s), if any, are matters of public record and are incorporated herein by
reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its
obligations to attach documents to pleadings if those documents are of public record.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 05/01/2012 and each month thereafter are due and unpaid, and by the terms
of said mortgage, upon failure of Mortgagor to make such payments after a date specified
File #. 306640
by written notice sent to Mortgagor, the entire principal balance and all interest due
thereon are collectible forthwith.
6. The following amounts are due on the mortgage as of 01/31/2013:
Principal Balance $244,866.40
Interest $12,243.30
04/01/2012 through 01/31/2013
Late Charges $244.62
Property Inspections $98.00
Escrow Advance $2,964.67
TOTAL $260,416.99
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, Notice of Homeowner's
Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in
2008, 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, and the temporary
stay as provided by said notice has terminated because Defendant(s) has/have failed to
meet with the Plaintiff or an authorized consumer credit counseling agency, or has /have
been denied assistance by the Pennsylvania Housing Finance Agency.
9. The action does not come under Act 6 of 1974 because the original mortgage amount
exceeds the dollar amount provided in the statute.
File #: 306640
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$260,416.99, together with interest, costs, fees, and charges collectible under the mortgage
including but not limited to attorney fees and costs, and for the foreclosure and sale of the
mortgaged property.
PHELAN HALL P
By:
Allis n . Zu er , Esq., Id. No.309519
Att ey t'
File #: 306640
LEGAL DESCRIPTION
ALL THOSE CERTAIN FOUR (4) tracts of land situate in East Pennsboro Township,
Cumberland County, Pennsylvania, more particularly bounded and described in accordance with
a survey of Gerrit J. Betz, Registered Surveyor, dated July 30, 1979, as follows, to wit:
TRACT NO 1: BEGINNING at a point on the western right -of -way line of Chester Avenue on
the dividing line of Lot No. 11 and 10 as shown on the hereinafter mentioned Plan of Lots, also
being 200 feet North of the northeast corner of Chester Avenue and Manor Road; thence by
aforesaid right -of -way line North 16 degrees 45 minutes 00 seconds West 100.00 feet to a point
on the southern line of Lot No. 8; thence by aforesaid line North 73 degrees 15 minutes 00
seconds east 167.50 feet to a point on the western line of a 15 foot alley; thence by aforesaid line
South 16 degrees 45 minutes 00 seconds East 100.00 feet to a point on the northern line of Lot
No. 11; thence by aforesaid line South 73 degrees 15 minutes 00 seconds West 167.50 feet to a
point, being the place of BEGINNING.
BEING Lots No. 9 and 10, Block 'N' on Plan of Lots of West Enola, recorded in the Cumberland
County Recorder's Office in Plan Book 2, Page 70.
TRACT NO. 2: BEGINNING at a point at the northeastern corner of the intersection of Chester
Avenue and Manor; thence along the eastern line of Chester Avenue, aforesaid North 16 degrees
45 minutes 00 seconds West a distance of 200.00 feet to a point at the line of adjoiner between
Lots Nos. 11, 12, 13, and 14, and Lot No. 10 on the hereinafter mentioned Plan of Lots; thence
along said line of ad joiner North 73 degrees 15 minutes 00 seconds East a distance of 167.50 feet
to a point; thence along the western line of a fifteen feet wide alley South 16 degrees 45 minutes
File #: 306640
00 seconds East a distance of 200.00 feet to a point on the northern line of Manor Road; thence
along said northern line of Manor Road South 73 degrees 15 minutes 00 seconds West a distance
of 167.50 feet to the point and place of BEGINNING.
BEING Lots Nos. 11, 12, 13 and 14, Block N. of the Plan of Lots of West Enola, as recorded in
the Cumberland County Recorder of Deeds Office in Plan Book 2, Page 70.
TRACT NO. 3: BEGINNING at a point at the northwestern corner of the intersection of
Lancaster Road and Manor Road; thence along the northern line of Manor Road aforesaid South
73 degrees 15 minutes 00 seconds West a distance of 167.50 feet to a point; thence along the
eastern line of a fifteen (15) feet wide alley North 16 degrees 45 minutes 00 seconds West a
distance of 200.00 feet to a point; thence along the line of adjoiner between Lots Nos. 15, 16, 17
and 18 and Lot No. 19 on the hereinafter mentioned Plan of Lots North 73 degrees 15 minutes 00
seconds East a distance of 167.50 feet to a point at the western line of Lancaster Road aforesaid;
thence along said western line of Lancaster Road South 16 degrees 45 minutes 00 seconds East a
distance of 200.00 feet to the point and place of BEGINNING.
HAVING THEREON ERECTED a dwelling known and numbered as 765 Lancaster Avenue.
BEING Lots Nos. 15, 16, 17 and 18, Block N. of the Plan of Lots of West Enola, as recorded in
the Cumberland County Recorder of Deeds Office in Plan Book 2, Page 70.
TRACT NO. 4: BEGINNING at a point on the western right -of -way line of Lancaster Road, at
the dividing line of Lot No. 18 and 19 as shown on the hereinafter mentioned Plan of Lots also
File 4: 306640
being 200 feet North of the northwest corner of Lancaster Road and Manor Road; thence by
aforesaid dividing line South 73 degrees 15 minutes 00 seconds West 167.50 feet to a point on
the eastern line of a 15 foot alley; thence by aforesaid line North 16 degrees 45 minutes 00
seconds West 100.00 feet to a point on the southern line of Lot No. 21 on the hereinafter
mentioned Plan; thence by aforesaid line North 73 degrees 15 minutes 00 seconds East 167.50
feet to a point on the western right -of -way line of Lancaster Road; thence by aforesaid line South
16 degrees 45 minutes 00 seconds East 100.00 feet to a point, being the place of BEGINNING.
BEING Lots 19 and 20, Block'N' on Plan of Lots of West Enola, recorded in the Cumberland
County Recorder's Office in Plan Book 2, Page 70.
PROPERTY ADDRESS: 765 LANCASTER AVENUE, ENOLA, PA 17025 -2639
PARCEL # 09 -15- 1290 -176.
File #: 306640
Pennsylvania Verification
QM �� hereby states that hqO is Vice President of JPMorgan Chase Bank, N.A.
the Plaintiff in this matter, and is authorized to make this Verification. The statements of fact
contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best
of my information, and belief. I understand that this statement is made subject to the penalties of
18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
Vice en L
Date:
JPMorgan Chase Bank, N.A.
Borrower: STEPHEN G. RUDE and MICHELLE RUDE
Property Address: 765 LANCASTER AVENUE, ENOLA, PA 17025 -2639
County: CUMBERLAND
Last Four of Loan Number: 9925
File #: 306640
JPMORGAN CHASE BANK, NATIONAL IN THE COURT OF COMMON
ASSOCIATION PLEAS
1111 POLARIS PARKWAY O F CUMBERLAND COUNTY,
PENNSTLVANIA
COLUMBUS, OH 43240
Plaintiff(s) r �'
vs.
STEPHEN G. RUDE " r�
MICHELLE RUDE r
6491 TESHLAR DRIVE - :~
ANCHORAGE, AK 99507 -2221 `
Defendant(s) �'(:ivil
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 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 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.
Respectfully submitted:
V Vq
f�
Date Signature of Counsel for Plaintiff
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: State: Zip:
Is the property for sale? Yes ❑ No ❑ Listing date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied? Yes ❑ No ❑
Mailing Address (if different):
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
First Mortgage Lender:
Type of Loan:
Loan Number: Date you Closed Your Loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $ Included Taxes & Insurance:
Date of Last Payment:
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ❑ No ❑
If yes, provide names, location of court, case number & attorney:
Assets Amount Owed Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile #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 Mone
Da /Child Care/Tuit. 1 Other Expenses
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:
I/We, _ , authorize the above
named to use /refer this information to my lender /servicer for the
sole purpose of evaluating my financial situation for possible mortgage options. I /We
understand that I /we am/are under no obligation to use the services provided by the above
named
Borrower Signature Date
Co- Borrower Signature Date
Please forward this page along with the following information to lender:
1. Proof of income
2. Past 2 bank statements
3. Proof of any expected income for the last 45 days
4. Copy of a current utility bill
5. Letter explaining reason for delinquency and any supporting documentation
(hardship letter)
6. Listing agreement (if property is currently on the market)
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 #: 306640
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny RAnderson
Sheriff M-- {ICI* 9iQ I�
t�,i,a o9 ann�a�
Jody S Smith .
Chief Deputy ` { 7013 APR 29 AM 10' 34
Richard W Stewart , , k.++UMBERL AH0 4 O }
S01%CItOr 7P CE FCt`4",tF-
PENNSYLVANIA
JP Morgan Chase Bank, NA
Case Number
vs.
Stephen Rude (et al.) 2013-1728
SHERIFF'S RETURN OF SERVICE
04/03/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Stephen Rude, but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Perry, Pennsylvania to serve the within
Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure
according to law.
04/03/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Michelle Rude, but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Perry, Pennsylvania to serve the within
Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure
according to law.
04/05/2013 07:35 PM - Deputy Shawn Gutshall, being 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 Nicole Ihnate, current resident, who accepted as
"Adult Person in Charge"for Stephen Rude at 765 Lancaster Avenue, East Pennsboro, Enola, PA 17025.
Deputies were advised by the current resident that she and Harrison Bink have a sales agreement with
the defendant Stephen Rude and that the defendant resides in Anchorage,Alaska, she was unsure of the
address or phone number.
W SHALL, PUTY
04105/2013 07:35 PM- Deputy Shawn Gutshall, being 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 Nicole Ihnate, current resident, who accepted as
"Adult Person in Charge"for Michelle Rude at 765 Lancaster Avenue, East Pennsboro, Enola, PA 17025.
Deputies were advised by the current resident that she and Harrison Bink have a sales agreement with
the defendant Michelle Rude and that the defendant resides in Hershey, she was unsure of the address
or phone number.
HALL,
04/19/2013 The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in
Mortgage Foreclosure returned by the Sheriff of Perry County,the within named Defendant Stephen
Rude, not found. Carl E. Nace, Sheriff, Return of Service attached to and made part of the within record.
The defendant lives in Alaska.
04/19/2013 The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in
Mortgage Foreclosure served by the Sheriff of Perry County upon Michelle Rude, personally, at 8220
Veterans Way, Ickesburg, PA 17037. Carl E. Nace, Sheriff, Return of Service attached to and made part
of the within record.
(c)CountySuito Sheriff,Teleosort,Inc.
SHERIFF COST: $88.46 SO ANSWERS,
April 24, 2013 RONIV R ANDERSON, SHERIFF
(c)CountySuito Sheriff,Teleosoft,Inc
JP Morgan Chase Bank, NA IN THE COURT OF COMMON PLEAS OF
THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA,
PERRY COUNTY BRANCH
Versus
Stephen Rude
Michelle Rude No. 2013-1728 Cumberland Co.
SHERIFF'S RETURN
And now April 19 , 2013 : Served the within name Michelle Rude n/k/a Rife
the defendant(s) named herin, it her place of residence in Saville Twp-8220
Veterans Way,
Ickesburg,
Perry County, PA, on April 19, 2013 at 1:25 o'clock PM
by handing to Gary Rife, defendant's husband 1 true and attested
copy(ies) of the within Complaint in Mortgage Foreclosure
and made known to hm the contents thereof
Sworn and subscribed to before me this
day of
So answers
Prothonotary Deputy Sheriff of Perry County
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
MARGARET F.FLICKINGER,Notary Public
Bloomfield Boro,Perry County
My Commission Expires February 16,2016
SHERIFF'S RETURN
In the Court of Common Pleas
Of the 41St Judicial District
of Pennsylvania-
Perry County Branch
No.: 2013-1728 Cumberland Co.
JP Morgan Chase Bank,NA
VS
Stephen Rude
8220 Veterans Way
Ickesburg,PA 17037
Carl E.Nace, Sheriff, who being duly sworn according to law, says that he made a
diligent search and inquiry for the within named Defendant(s)to wit Stephen Rude,but
was unable to locate him/her in his bailiwick. He therefore returns the within
Complaint in Mortgage Foreclosure for the above named Defendant(s) Stephen Rude
at 8220 Veterans Way,Ickesburg,PA 17037. NOT FOUND. DEFENDANT LIVES IN
ALASKA.
Sincerely,
r o*0
Carl E. Nace
Sworn and subscribed to before me Sheriff of Perry County
this 6 day of , 2013.
ti
COMMONWEALTH OF PENNSYLVANIA
ENOTARIAL SEAL
F.FLICKINGER,Notary Public
field Boro,Perry County
sion Expires February 16,2016
F I L OFF/
Keaveney Legal Group LLC CFTI-*41E PROMO
Joshua Thomas Esq. 1 N 0 TA RY
Supreme Court ID No. 312476 3 JUN' 3 PH 4 6
East Gate Center CUMBERLAND CO
309 Fellowship Road, Suite 200 PENNSYLVANIA UN TY
Mt. Laurel,NJ 08054
Phone: (800)219-0939
Fax: (856) 831-7119
Email: JThomas@KeaveneyLegalGroup.com
JPMORGAN CHASE BANK,N.A. i COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff CIVIL DIVISION
V.
Stephen G. Rude and Michelle Rude
Defendants No. 13-1728
ANSWER TO COMPLAINT
L Denied. Plaintiff has not established that they are the note holder. Only the holder of the note
is entitled to enforce the mortgage. Plaintiff has failed to join necessary and indispensible
parties to this action. Further, Plaintiff has not produced the original note. Further still,this
allegation sets forth the legal conclusion and as such; no further response required.
2. Admitted.
3. Admitted in part, denied in part. Defendants admit that Defendants executed a mortgage. As
to the rest, denied. Plaintiff has not established that they are the note holder nor have they
even averred that they hold it or that it was transferred to them. Only the holder of the note is
entitled to enforce the mortgage. Plaintiff has failed to join necessary and indispensible
parties to this action. Plaintiff has not produced the original note. Further,Plaintiff does not
appear on the note nor does Plaintiff show it was properly transferred to the Plaintiff and
Plaintiff has failed to show an assignment of mortgage. Further still,this allegation sets forth
a legal conclusion and as such,no further response required. Defendant leaves Plaintiff to its
proofs,
4. Denied. This allegation sets forth the legal conclusion and as such, no further response
required.
5. Denied. Plaintiff has not taken into account all payments made by Defendants. Plaintiff has
not established that they are the note holder. Only the holder of the note is entitled to enforce
the mortgage. Plaintiff has failed to join necessary and indispensible parties to this action.
Further,Plaintiff has not produced the original note. Further still,this allegation sets forth the
legal conclusion and as such,no further response required.
6. Denied. Plaintiff has not taken into account all payments made by Defendants. Plaintiff has
not established that they are the note holder. Only the holder of the note is entitled to enforce
the mortgage. Plaintiff has failed to join necessary and indispensible parties to this action.
Further,Plaintiff has not produced the original note. Further still,this allegation sets forth the
legal conclusion and as such, no further response required.
7, Denied. The averments contained within this paragraph constitute conclusions of law to
which no response is deemed required. By way of further response,Plaintiff has not
established that they are the note holder. Only the bolder of the note is entitled to enforce the
mortgage. Plaintiff has failed to join necessary and indispensible parties to this action.
Further,Plaintiff has not produced the original note. Defendants leave Plaintiff to its proofs.
8. Denied. The averments contained within this paragraph constitute conclusions of law to
which no response is deemed required. By way of further response,Plaintiff has not
established that they are the note holder. Only the holder of the note is entitled to enforce the
mortgage. Plaintiff has failed to join necessary and indispensible parties to this action.
i
Further,Plaintiff has not produced the original note and has directly violated Act 6 and/or
Act 91 by failing to properly name the lender. Defendants leave Plaintiff to its proofs.
9. Denied. The averments contained within this paragraph constitute conclusions of law to
which no response is deemed required. By way of further response,Plaintiff has not
established that they are the note holder. Only the holder of the note is entitled to enforce the
mortgage. Plaintiff has failed to join necessary and indispensible parties to this action.
Further,Plaintiff has not produced the original note and has directly violated Act 6 and/or
Act 91 by failing to properly name the lender. Defendants leave Plaintiff to its proofs.
WHEREFORE,Defendants demands entry of judgment as follows:
a. Dismissing the Complaint;
b. Awarding attorney's fees and cost of suit; and
c. Granting such other relief as the Court deems just and proper.
NEW MATTER
1. The Complaint fails to state a cause of action upon which relief may be granted.
2. Plaintiffs claims are barred, in whole or in part,by the applicable statute of limitations.
3. Plaintiffs claims are barred by the doctrine of waiver and/or estoppel.
4. Plaintiff is not the real parry in interest and lacks standing to sue; all necessary parties have
not been joined.
5. Plaintiff claims are barred by the equitable doctrine of unclean hands, fraud, illegality,
collusion,and conspiracy.
6. To the extent that Plaintiff did sustain any damages,which Defendants denies, such damages
were caused,in whole or in part,by the comparative fault of Plaintiff and/or third parties.
7. Plaintiff has acted illegally an improperly at all relevant times and Plaintiff is therefore
barred from any relief whatsoever.
8. Plaintiffs own conduct, including that of its agents, contractors and partners, and/or conduct
of third parties,constitute superseding or intervening causes with respect to Plaintiffs claim
of damage or injury.
9. Plaintiffs claims are barred because Plaintiff would be unjustly enriched if allowed to
recover all or any part of the damages or remedies alleged in the Complaint.
10. Without Defendants's waiver, prejudice or admission,Plaintiffs claims are barred by the
doctrine of it in pari delicto.
11. Plaintiffs claims are barred as the mortgagee named in Plaintiffs purported mortgage
instrument is not Plaintiff and upon information and belief Plaintiff is not the assignee of the
mortgages.
12. That upon information and belief,the claim which is the subject matter of the cause of action
set forth in the Complaint in the above entitled action is prohibited by and contravenes the
statutory law and public policy of Pennsylvania and/or Federal law by reason of the fact that
the underlying claim violates the usury laws of Pennsylvania or Federal ordinance law or
codified statue,
13. That upon information and belief, no contract ever existed in accordance with the terms that
were set forth in the Complaint.
14. Plaintiff is in violation of its own Pooling and Servicing Agreement and as such lack
standing to sue.
15. Plaintiff is in violation of the Truth in Lending Act, 15 U.S.C.A. § 1601 et. seq., since
required disclosures were not made at the time of the closing of the loan.
16, Plaintiff is in violation of the Real Estate Settlement Procedures Act, 1.2 U.S.C. § 2601
because they were certain facts that were important to the closing of the original loan that
were not disclosed to Defendants by the mortgage broker who was acting as an agent for the
Plaintiff.
17. Plaintiffs claim is barred because the mortgage was procured by fraud and/or duress and or
undue influence. The alleged mortgage is void and unenforceable. Any alleged loss to the
Plaintiff is caused by the fraud of the Plaintiff and/or the fraud of the third parties over which
the Defendants had no control.
18. The loan money was not disbursed by the lender in accordance with the terms of its loan
commitment, either in whole or in part, and therefore there was a lack of consideration when
the supposed contract was entered into.
19. Waiver may be implied since the conduct of the lender is such that a reasonable inference can
be made by the borrower that the lender has voluntarily given up certain rights.
20. The rate of interest for the current loan is unethically high, so the Court should find this
interest rate to be usurious and dismiss the foreclosure action.
21. The current Plaintiff is not the proper Plaintiff in the foreclosure and they do not have
standing to proceed.
22. In order for the Plaintiff to validly foreclose on a piece of property, all persons or entities
who claim an interest in the Note,the Mortgage, or the property must be named as
Defendants in the foreclosure action. Since the standing of the Plaintiff is at issue, and the
Plaintiff is unable to prove through evidence that they are the sole entity permitted to
foreclose,there are clearly other parties that may claim an interest in the Note and Mortgage.
The Plaintiff has failed to join all indispensable parties to the action and the action must be
abated until all indispensable parties are included.
23. Case law has long held that a duty to perform in good faith is an implicit term of every
agreement. State statues permit the acceleration of a Note only if the lender in good faith
believes that the prospect of payment or performance is impaired. Foreclosing due to late
payments, or only a few missed payments, is an action brought in bad faith, says the prospect
of payment has not been impaired invest this foreclosure action should be dismissed.
24. Where a bank becomes involved in a transaction with a customer with whom it has
established a relationship of trust and confidence,and it is a transaction from which the bank
is likely to benefit at the customer's expense(such as collecting interest payments, for
example),the bank may be found to have a duty to disclose all facts that are material to the
transaction. The Bank had information about the Note,Mortgage, and closing that was not
made available to Defendants at the time of closing or before, and therefore they have
breached her fiduciary duty to the Defendants.
25. Plaintiff or Plaintiffs predecessor in interest engaged in unconscionable commercial
practices, deception,fraud, false pretense,false promise and/or misrepresentations with
regard to the subject mortgage.
26. Alternatively, and or additionally,Plaintiff or Plaintiffs predecessor in interest engaged in
acts of omission, including but not limited to knowing concealment, suppression in omissions
of material facts in connection with the subject mortgage.
27. The transactions alleged in Plaintiffs Complaint is a consumer transaction that involved a
non purchase money mortgage secured by Defendants primary residence.
28. At all times relevant Plaintiff or Plaintiffs assignor was a creditor under the Federal Truth-in-
Lending Act 15 U.S.C.A. § et. seq. (TILA)that was required to provide notices of the right to
rescind the mortgage and deliver material disclosures to Defendants,
29. Plaintiff or Plaintiffs alleged assignor failed to comply with TILA by failing to provide
Defendants with proper inaccurate written rescission notice and accurate material disclosures
as required by TILA.
30. The TILA violations Complaint if herein were apparent on the face of the assigned
documents,resulting in assignee liability pursuant to 15 U.S.C. §1641(e).
31. In light of these violations,Defendants was and is entitled to rescind the mortgage.
32. Plaintiff has not provided Defendants with payoff and reinstatement figures or debt
verification,and/or other information as was requested according to the fair debt collection
practices act, 15 U.S.C. § 1601, et. seq..
33. Plaintiff is in violation of the Real Estate Settlement Procedures Act, 12 U.S.C. § 2601,et.
seq. because there were certain facts that were important to the closing of the original loan
that were not disclosed to the Defendants by the mortgage broker who was acting as an agent
for the Plaintiff.
RESERVATION OF DEFENSE
Defendants reserve the right to add additional New Matters as are made known
during the course of discovery.
WHEREFORE,Defendants request the Plaintiffs Complaint be dismissed,that Plaintiff
be awarded actual and statutory damages and cost and declaratory and injunctive relief declaring
the mortgage void and unenforceable and/or rescinding and/or reforming the mortgage; and that
Defendants be awarded a judgment for the relief requested in their New Matters; as well as for
such other and further relief as is a Honorable Court deems just and proper.
Dated: May 30,2013 BY: kanal�
Joshua Thomas,Esq.
Supreme Court ID No. 312476
Keaveney Legal Group LLC
East Gate Center
309 Fellowship Road, Suite 200
Mt. Laurel,NJ 08054
Attorney for Defendants
Verification
I, Joshua Thomas Esquire,Attorney for the Defendants, verify that the facts stated in the
foregoing pleadings are true and correct to the best of my knowledge, information and belief. I
understand that false statements therein are subject to the penalties of the 18 Pa.C.S.A. §4904,
relating to unsworn falsification to authorities.
Joshua Thomas,Esq.
Keaveney Legal Group LLC
Joshua Thomas Esq.
Supreme Court ID No. 312476
East Gate Center
309 Fellowship Road, Suite 200
Mt. Laurel,NJ 08054
Phone: (800)219-0939
Fax: (856) 831-7119
Email: JThomas@KeaveneyLegalGroup.com
JPMorgan Chase Bank,N.A. COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff ? CIVIL DIVISION
V.
Stephen G. Rude and Michelle Rude
Defendants No. 13-1728
CERTIFICATE OF SERVICE
1 hereby certify that on May 30, 2013, I served a true and correct copy of the foregoing
pleadings and accompanying documents on the following persons, as follows:
Manner of service Name and address
Regular mail Phelan Hallinan, LLP
And certified mail Allison F. Zuckerman,Esq.
1617 JFK Blvd., Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
Attorney for Plaintiff
May 30,2013
Joshua Thomas,Esq.
Supreme Court ID No. 312476
Keaveney Legal. Group LLC
East Gate Center
309 Fellowship Road, Suite 200
Mt. Laurel,NJ 08054
Attorney for Defendants
i
Keaveney Legal Group LLC
Joshua Thomas Esq.
Supreme Court ID No. 312476
East Gate Center
309 Fellowship Road, Suite 200
Mt. Laurel,NJ 08054
Phone: (800)219-0939
Fax: (856) 831-7119
Email: JThomas @KeaveneyLegalGroup.com
JPMorgan Chase Bank,N.A. COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff CIVIL DIVISION
V.
Stephen G. Rude and Michelle Rude
Defendants No. 13-1728
APPEARANCE
I,the undersigned attorney, hereby enter my appearance as trial counsel on behalf of Defendants,
Stephen G. Rude and Michelle Rude.
Jo ua Thomas,Esq.
Keaveney Legal Group LLC
Atty ID# 312476
Attorney for Defendants
CERTIFICATION
Phelan Hallinan, LLP
Allison F. Zuckerman,Esq.
1617 JFK Blvd., Suite 1400
One Penn Center Plaza
Philadelphia,PA 191.03
1,the undersigned attorney certify that I served a copy of this Appearance on the above on May
30, 2013. via U.S. Mail.
oshua Thomas,Esq.
Y
•
Verification
We, Michelle and Stephen Rude ,Defendant,verify that the
facts stated in the foregoing pleadings are true and correct to the best of my knowledge,
information and belief. I understand that false statements therein are subject to the penalties of
the 18 Fa.C.S.A. §4904,relating to unsworn falsification to authorities.
Defendant
Otto Tt
2111 JAr' IS 411II• r-
CUMBERLANn Ct?ll d l y
ENFdSYLVAN/A
PHELAN HALLINAN, LLP
BY: D. TROY SELLARS, ESQUIRE ATTORNEY FOR PLAINTIFF
Identification No: 210302
126 Locust Street
Harrisburg, PA 17101
Telephone: (215) 563-7000, Ext. 1360
JPMORGAN CHASE BANK, NATIONAL : COURT OF COMMON PLEAS
ASSOCIATION : CUMBERLAND COUNTY,
1111 POLARIS PARKWAY : PENNA.
COLUMBUS, OH 43240,
Plaintiff,
Civil Division
vs.
STEPHEN G. RUDE : NO. 13-1728
MICHELLE RUDE
6491 TESHLAR DRIVE
ANCHORAGE,AK 99507-2221,
Defendants
PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER
AND NOW COMES the Plaintiff, JPMorgan Chase Bank, National Association, by and
through its attorney, D. Troy Sellars, Esquire, and hereby files the within Reply to New Matter of
Defendants, Stephen G. Rude and Michelle Rude, and states as follows:
Plaintiff incorporates herein by reference the averments of paragraphs one (1) through nine
(9) of its Complaint as if set forth herein at length.
PH#800402
NEW MATTER
1-33. Denied, and strict proof thereof is demanded at trial. By way of further answer,this
boiler-plate listing of potential affirmative defenses which are unsupported by any factual allegations do
not give rise to well pled affirmative defenses.
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and
against Defendants as requested in Plaintiffs Complaint.
Respectfully submitted,
PHELAN HALLINAN, LLP
Date: January 14, 2014 . •
D. royellars, Esquire
Attorney for Plaintiff
PH#800402
a
VERIFICATION
D. Troy Sellars, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he
is authorized to make this verification, and that the statements made in the foregoing Reply to New Matter
are true and correct to the best of his knowledge, information and belief.
The undersigned understands that this statement is made subject to the penalties of 18
Pa.C.S. §4904 relating to unsworn falsifications to authorities.
PHELAN HA LINAN, LLP
DATE: January 14, 2014 By: /
D. Troy ''Mars, Esquire
Attorney for Plaintiff
126 Locust Street
Harrisburg, PA 17101
Telephone: 215-563-7000, Ext. 1360
PI-1#800402
. .
PHELAN HALLINAN, LLP
BY: D. TROY SELLARS, ESQUIRE ATTORNEY FOR PLAINTIFF
Identification No: 210302
126 Locust Street
Harrisburg, PA 17101
Telephone: (215) 563-7000, Ext. 1360
JPMORGAN CHASE BANK, NATIONAL COURT OF COMMON PLEAS
ASSOCIATION CUMBERLAND COUNTY, PENNA.
1111 POLARIS PARKWAY
COLUMBUS, OH 43240,
Plaintiff, Civil Division
vs.
NO. 13-1728
STEPHEN G. RUDE
MICHELLE RUDE
6491 TESHLAR DRIVE
ANCHORAGE,AK 99507-2221, •
Defendants
CERTIFICATE OF SERVICE
I certify that a true and correct copy of Plaintiff's Reply to Defendants'New Matter was
sent via first class mail to the person(s) listed below on the date indicated:
JOSHUA THOMAS, ESQ., ESQUIRE
1650 MARKET STREET
SUITE 3600
PHILADELPHIA, PA 19103
DATE: Janua ry 14, 2014
D. Troy lars, Esquire
Attorney for Plaintiff
PH#800402
r • r�
PHELAN HALLINAN, LLP
BY: COURTENAY R. DUNN, ESQUIRE 19 p
Identification No. 206779 Cutler flf`1 10: 3 f
One Penn Center at Suburban Station �'�=NNS Y �1 UN T
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103-1814 Attorney for Plaintiff
(215) 563-7000
JPMORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS
ASSOCIATION CUMBERLAND COUNTY,PENNA.
1111 POLARIS PARKWAY
COLUMBUS, OH 43240,
Plaintiff, Civil Division
vs.
. NO. 13-1728
STEPHEN G. RUDE
MICHELLE RUDE
6491 TESHLAR DRIVE
ANCHORAGE,AK 99507-2221,
Defendants
CERTIFICATION OF SERVICE
I hereby certify true and correct copies of the Plaintiffs Objections and Answers to
Defendants' Request for Production of Documents, Objects, and Other Tangible Things Pursuant
to Pa.R.C.P. 4009.1 and Plaintiff's Objections and Responses to Defendants' Interrogatories to
Plaintiff Pursuant to Pa.R.C.P. 4009.1 were served by overnight mail on the following on the
date listed below:
Joshua Thomas,Esquire
East Gate Center
309 Fellowship Road, Suite 200
Mt. Laurel, NJ 08054
DATE: /[(lttc-k BY:
Courtenay R. Dunn, Esquire
Attorney for Plaintiff
t I
PHELAN HALLINAN, LLP
Joseph A. Dessoye, Esquire
Identification No. 200479
126 Locust Street
Harrisburg, PA 17101
215-563-7000
•
rr
1 F
r‘'
251c; LLT 21
CU; t f,.: t:
PE
i
COUNTY
Lf
Attorney for Plaintiff
JPMorgan Chase Bank, National Cumberland County
Association
1111 Polaris Parkway Court Of Common Pleas
Columbus, OH 43240
vs. Civil Division
Stephen G. Rude
765 Lancaster Avenue No. 13-1728
Enola, PA 17025
Michelle Rude
8220 Veterans Way
Ickesburg, PA 17037
PRAECIPE FOR IN REM JUDGMENT
AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter an in rem judgment in favor of the Plaintiff and against, Defendant(s) MICHELLE
RUDE pursuant to the attached Consent Judgment, and foreclosure and sale of the mortgaged
premises, kindly assess Plaintiff's damages against MICHELLE RUDE as follows:
As set forth in Complaint & Consent Judgment
TOTAL
Date: Icily/f'
$260,416.99
$260,416.99
Joseph A. Dessoye, Esquire
Attorney for Plaintiff
culitA m16
a/bake/37s J
bott(46
800402
loha MOl�
PHELAN HALLINAN, LLP
Joseph A. Dessoye, Esquire
Identification No. 200479
126 Locust Street
Harrisburg, PA 17101
215-563-7000
JPMorgan Chase Bank, National
Association
1111 Polaris Parkway
Columbus, 01143240
vs.
Stephen G. Rude
765 Lancaster Avenue
Enola, PA 17025
Michelle Rude
8220 Veterans Way
Ickesburg, PA 17037
Attorney for Plaintiff
Cumberland County
Court Of Common Pleas
Civil Division
No. 13-1728
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) 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, as
amended.
(b) that defendant MICHELLE RUDE is over 18 years of age and last known
address is 8220 VETERANS WAY, ICKESBURG, PA 17037.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Date /o/lOy
HALLINAN, LLP
Joseph A. Dessoye, Esquire
Identification No. 200479
126 Locust Street
Harrisburg, PA 17101
215-563-7000
800402
(Rule of Civil Procedure No. 236) - Revised
JPMorgan Chase Bank, National Cumberland County
Association
1111 Polaris Parkway : Court Of Common Pleas
Columbus, OH 43240
vs. : Civil Division
Stephen G. Rude
765 Lancaster Avenue : No. 13-1728
Enola, PA 17025
Michelle Rude
8220 Veterans Way
Ickesburg, PA 17037
Noticei is given hat a Judgment in the above captioned matter has been entered
against you on O L / .
B
If you have any questions concerning this matter please contact:
PHELAN HALLINAN, LLP
Joseph A. Dessoye, Esquire
Identification No. 200479
126 Locust Street
Harrisburg, PA 17101
215-563-7000
** THIS FIRM ISA DEBT COLLECTOR ATTEMPTING TO COLLECTA 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 ANA TTEMPT TO COLLECTA DEBT, BUT
ONLY ENFORCEMENT OFA LIEN AGAINST PROPERTY. **
800402
MICHELLE RUDE
8220 VETERANS WAY
ICKESBURG, PA 17037
FOLD HERE
FOLD HERE
800402
Phelan Hallinan, LLP
By: Joseph A. Dessoye, Esquire
Identification No. 200479
126 Locust Street
Harrisburg, PA 17101
(215)563-7000
Attorney for Plaintiff
Court of Common Pleas
JPMorgan Chase Bank, National Association
1111 Polaris Parkway Civil Division
Columbus, OH 43240
Cumberland County
Plaintiff
vs. No. 13-1728
Stephen G. Rude
765 Lancaster Avenue
Enola, PA 17025-2639
Michelle Rude
8220 Veterans Way
Ickesburg, PA 17037
Defendants
AND NOW, this
CONSENT JUDGMENT
day of , 2014 it is hereby agreed by
and between, JPMorgan Chase Bank, National Association (hereinafter "Plaintiff'), by and
through its counsel, Joseph A. Dessoye, Esquire and Michelle Rude (hereinafter "Defendants"),
by and through their counsel, Joshua Thomas, Esquire, as follows:
WHEREAS, Plaintiff is the holder of the Mortgage on the property located at 765
Lancaster Avenue, Enola, PA 17025-2639 (hereinafter the "Property");
WHEREAS, Defendants are the owners and mortgagors of the Property;
WHEREAS, the Mortgage on the property is in default because monthly payments on the
Mortgage due May 1, 2012 and each month thereafter are due and unpaid;
WHEREAS, by the terms of the Mortgage, upon default in such payments for a period of
one month, the entire principal balance and all interest due thereon are due forthwith;
PH # 800402
WHEREAS, the parties to this Consent Judgment seek to resolve the issues raised in the
Complaint and therefore, Plaintiff and Defendants agree as follows:
1. An in rem judgment is entered in favor of Plaintiff and against Defendants in the
sum of $260,416.99 plus interest from January 31, 2013 and other costs and charges collectible
under the Mortgage, for foreclosure and sale of the Property.
2. Plaintiff may immediately file the instant Consent Judgment with the Court.
3. Defendants' Answer filed June 3, 2013 is withdrawn with prejudice.
4. In the event that, prior to a Sheriffs Sale, it is determined that Plaintiff has
expended sums with regard to the Mortgaged Property, including but not limited to real estate
taxes and insurance, then Defendants will stipulate with Plaintiff to the reassessment of damages
in order to increase or decrease the judgment to reflect the expenditure made by Plaintiff.
5. Defendants will peacefully vacate the Mortgaged Property by the date of the
Sheriffs Sale.
6. Defendants hereby release and forever discharge Plaintiff, its successors and
assigns, predecessors, servicers, agents, employees, officers, directors, representatives, and
attorneys from any and all claims, demands, damages, or liabilities whether now known or
unknown arising out of or in any way connected to Plaintiffs servicing of Defendants' loan and
the within foreclosure action.
7. In exchange for Defendant's agreement to the entry of an in rem judgment,
Plaintiff agrees to not pursue Defendant for any deficiency after the Sheriffs Sale of the
Mortgaged Property, including an in personam deficiency action under the mortgage or note.
8. The foregoing represents the entire agreement of the parties and no modification,
amendment or extension hereof shall be valid, unless in writing and signed by all signatories to
PH # 800402
this agreement.
9. The attorneys executing this Consent Judgment have done so only after having
discussed the terms with their respective clients and having obtained their consent to be bound by
the terms of this Consent Judgment.
10. This Consent Judgment may be executed in counterpart.
11. A facsimile version of a signature on this document shall be treated for all
purposes as the equivalent of the original signatures.
12. Defendants are not in the Military or Naval Service of the United States or its
Allies, or otherwise within the provisions of
DATE: 0/G6` y
DATE: 10/10/14
PH # 800402
embers Civil Relief Act, as amended.
A. ! e, Esquire
Attorney for Plaintiff
Joshua Thomas, Esquire
Attorney for Defendant
Department of Defense Manpower Data Center
Status Report
Pursuant to Serviccmcm , a Civil Rei of Act
Last Name: RUDE
First Name: MICHELLE
Middle Name:
Active Duty Status As Of: Oct -20-2014
Results as of : Oct -20-2014 07:35:41 AM
SCRA 3.0
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 where the individual left active duty status within 367 days preceding the Active Duty Status Date
This response reflects the individuals' active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
NA
No
NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date
Order Notification Start Date
Order Notification End Date
Status
Service Component
NA
NA
No
NA
This
response reflects whether the individual or his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
Mary M. Snavely -Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
' The Decense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility
Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as
the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the
individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family
member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the
protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the
"defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PCO9SLDR.html. If you have evidence the person was on active duty for the active duty status
date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c).
This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service
authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the
unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active, Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1).
Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA
extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
are protected
WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.
Certificate ID: UEL9J05A40B9P30
PHELAN HALLINAN, LLP
Joseph A. Dessoye, Esquire
Identification No. 200479
126 Locust Street
Harrisburg, PA 17101
215-563-7000
JPMorgan Chase Bank, National
Association
1111 Polaris Parkway
Columbus, OH 43240
vs.
Stephen G. Rude
765 Lancaster Avenue
Enola, PA 17025
Michelle Rude
8220 Veterans Way
Ickesburg, PA 17037
FILED -OFFICE
CF THE NOTIioNOTpiiy
2014 NOV 17 AN 9: 4Q
CliV:ELAND COU:!TY
PENNSYLVANIA
•
•
Attorney for Plaintiff
Cumberland County
Court Of Common Pleas
. Civil Division
. No.13-1728
•
PRAECIPE FOR IN REM JUDGMENT
AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter an in rem judgment in favor of the Plaintiff and against, Defendant(s) STEPHEN G. •
RUDE pursuant to the attached Consent Judgment, and foreclosure and sale of the mortgaged
premises, kindly assess Plaintiff's damages against STEPHEN G. RUDE as follows:
'As set forth in Complaint & Consent Judgment
TOTAL
Date: it 10//r 1/7
Jo4. Or A. r essoye, Esquire
• orney for Plaintiff
$260,416.99
$260,416.99
lcf.s�x(a I
6,0A
Ce ---4i PI?
�� 313�yn
800402 /flaJe
•
PHELAN HALLINAN, LLP
Joseph A. Dessoye, Esquire
Identification No. 200479
126 Locust Street
Harrisburg, PA 17101
215-563-7000
JPMorgan Chase Bank, National
Association
1111 Polaris Parkway
Columbus, OH 43240
vs.
Stephen G. Rude
765 Lancaster Avenue
Enola, PA 17025
Michelle Rude
8220 Veterans Way
Ickesburg, PA 17037
Attorney for Plaintiff
Cumberland County
Court Of Common Pleas
Civil Division
No. 13-1728
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) 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, as
amended.
(b) that defendant STEPHEN G. RUDE is over 18 years of age and last known
address is 765 LANCASTER AVENUE, ENOLA, PA 17025-2639.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
- Date 1,1, ieV/Y
P ?/AN LLINAN, LLP
Joseph A. Dessoye, Esquire
Identification No. 200479
126 Locust Street
Harrisburg, PA 17101
215-563-7000
800402
(Rule of Civil Procedure No. 236) - Revised
JPMorgan Chase Bank, National : Cumberland County
Association .
1111 Polaris Parkway : Court Of Common Pleas
Columbus, OH 43240 .•
vs. : Civil Division
• Stephen G. Rude .
765 Lancaster Avenue : No. 13-1728
Enola, PA 17025 .•
•
Michelle Rude
8220 Veterans Way
Ickesburg, PA 17037
Notice is given that a Judgment in the above captioned matter has been entered
against you on 11 In )
By:j?
If you have any questions concerning this matter please contact:
PHELAN HALLINAN, LLP
Joseph A. Dessoye, Esquire
Identification No. 200479
126 Locust Street
Harrisburg, PA 17101
215-563-7000
** THIS FIRM ISA DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBT AND
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU
HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS ISNOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT
ONLY ENFORCEMENT OFA LIEN AGAINST PROPERTY. * *
800402
Phelan Hallinan, LLP
By: Joseph A. Dessoye, Esquire
Identification No. 200479
126 Locust Street
Harrisburg, PA 17101
(215)563-7000
JPMorgan Chase Bank, National Association
1111 Polaris Parkway
Columbus, OH 43240
Plaintiff
vs.
Stephen G. Rude
765 Lancaster Avenue
Enola, PA 17025-2639
Michelle Rude
8220 Veterans Way
Ickesburg, PA 17037
Defendants
Attorney for Plaintiff
Court of Common Pleas
Civil Division
Cumberland County
No. 13-1728
CONSENT JUDGMENT
AND NOW, this day of . 2014 it is hereby agreed by
and between, JPMorgan Chase Bank, National Association (hereinafter "Plaintiff'), by and
through its counsel, Joseph A. Dessoye, Esquire and Michelle Rude (hereinafter "Defendants"),
by and through their counsel, Joshua Thomas, Esquire, as follows:
WHEREAS, Plaintiff is the holder of the Mortgage on the property located at 765
Lancaster Avenue, Enola, PA 17025-2639 (hereinafter the "Property");
WHEREAS, Defendants are the owners and mortgagors of the Property;
WHEREAS, the Mortgage on the property is in default because monthly payments on the
Mortgage due May 1, 2012 and each month thereafter are due and unpaid;
WHEREAS, by the terms of the Mortgage, upon default in such payments for a period of
one month, the entire principal balance and all interest due thereon are due forthwith;
PFI # 800402
WHEREAS, the parties to this Consent Judgment seek to resolve the issues raised in the
Complaint and therefore, Plaintiff and Defendants agree as follows:
1. An in rem judgment is entered in favor of Plaintiff and against Defendants in the
sum of $260,416.99 plus interest from January 31, 2013 and other costs and charges collectible
under the Mortgage, for foreclosure and sale of the Property.
2. Plaintiff may immediately file the instant Consent Judgment with the Court.
3 Defendants' Answer filed June 3, 2013 is withdrawn with prejudice.
4. In the event that, prior to a Sheriffs Sale, it is determined that Plaintiff has
expended sums with regard to the Mortgaged Property, including but not limited to real estate
taxes and insurance, then Defendants will stipulate with Plaintiff to the reassessment of damages
in order to increase or decrease the judgment to reflect the expenditure made by Plaintiff.
5. Defendants will peacefully vacate the Mortgaged Property by the date of the
Sheriffs Sale.
6. Defendants hereby release and forever discharge Plaintiff, its successors and
assigns, predecessors, servicers, agents, employees, officers, directors, representatives, and
attorneys from any and all claims, demands, damages, or liabilities whether now known or
unknown arising out of or in any way connected to Plaintiffs servicing of Defendants' loan and
the within foreclosure action.
7. In exchange for Defendant's agreement to the entry of an in rem judgment.
Plaintiff agrees to not pursue Defendant for any deficiency after the Sheriffs Sale of the
Mortgaged Property, including an in person= deficiency action under the mortgage or note.
8. The foregoing represents the entire agreement of the parties and no modification,
amendment or extension hereof shall be valid, unless in writing and signed by all signatories to
PH # 800402
this agreement.
9. The attorneys executing this Consent Judgment have done so only after having
discussed the terms with their respective clients and having obtained their consent to be bound by
the terms of this Consent Judgment.
10. This Consent Judgment may be executed in counterpart.
11. A facsimile version of a signature on this document shall be treated for all
purposes as the equivalent of the original signatures.
12. Defendants are not in the Military or Naval Service of the United States or its
Allies, or otherwise within the provisions o ,embersCivil Relief Act, as amended.
DATE: ta/09'
DATE: 10/10/14
PH # 800402
, Esquire
Attorney or Plaintiff
Joshua Thomas, Esquire
Attorney for Defendant
Compartment of Defense Manpower Data Center
Status Report
Pursuant to Servicemembers Civil Relief Act.
Last Name: RUDE
First Name: STEPHEN
Middle Name: G
Active Duty Status As Of: Nov -14-2014
Results as of : Nov -14-2014 07:50:29 AM
SCRA 3.0
On Active Duty On Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
NA -'!, - ''
. --- `--: N-1...,
NA
This response reflects the individualsactive duly status based on the Active Duly Status Date
. .
Left Active Duty Within 367 Da s of Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
,...,,"..,No': • ., .., ' -
NA
This response reflects where ilTeindiVidual lellatii6 ciEIV;i acus within 367 days preceding the Active Duty Status Date
r
. The Member or HistHer Unit Was Notified of a Futu a Call -Up to Active Duty on Active Duty Status Date
Order Notification Start Date
Order Notification End Date
Status
Service Component
NA
,...,,"..,No': • ., .., ' -
NA
This response reflects whetherthe Individual or his/her unit has received early notification to report for active duty
..;
Upon searching the data banks of the Department of Defense Manpower Data Center based on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed .8irvic&(kmy, 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.
Mary M. Snavely -Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
Thee Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility
Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as
the Soldiersand Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the
individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family
member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the
protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the
"defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PCO9SLDR.html. If you have evidence the person was on active duty for the active duty status
date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c).
This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service
authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the
unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps),
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1).
Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA
extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
are protected
WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.
Certificate ID: UFJA8E69T04A310
PHELAN HALLINAN, LLP
Joseph A. Dessoye, Esquire
Identification No. 200479
126 Locust Street
Harrisburg, PA 17101
215-563-7000
JPMorgan Chase Bank, National
Association
1111 Polaris Parkway
Columbus, OH 43240
vs.
Stephen G. Rude
765 Lancaster Avenue
Enola, PA 17025
Michelle Rude
8220 Veterans Way
Ickesburg, PA 17037
FILED -OFFICE
CF THE PATNONOTAW(
201l NOV 17 Ai' 9:140
Ci„' Ri_AND CO%;iTY
PE:;NSYLVANIA
Attorney for Plaintiff
. Cumberland County
•
. Court Of Common Pleas
•
•
ivil Division
. No. 13-1728
PRAECIPE FOR IN REM JUDGMENT
AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter an in rem judgment in favor of the Plaintiff and against, Defendant(s) STEPHEN G.
RUDE pursuant to the attached Consent Judgment, and foreclosure and sale of the mortgaged
premises, kindly assess Plaintiffs damages against STEPHEN G. RUDE as follows:
'As set forth in Complaint & Consent Judgment
TOTAL
Date: I t /« /r ///'
Jo": A. r essoye, Esquire
orney for Plaintiff
$260,416.99
$260,416.99
NI(
G��t
!..1(t•. cFI A
Cut In yo S
313y�-!`1
800402
1'Uokt /ham -i
PHELAN HALLINAN, LLP
Joseph A. Dessoye, Esquire
Identification No. 200479
126 Locust Street
Harrisburg, PA 17101
215-563-7000
Attorney for Plaintiff
JPMorgan Chase Bank, National Cumberland County
Association .
1111 Polaris Parkway Court Of Common Pleas
Columbus, OH 43240 :
vs. Civil Division
Stephen G. Rude .•
765 Lancaster Avenue No. 13-1728
Enola, PA 17025 .
Michelle Rude
8220 Veterans Way
Ickesburg, PA 17037
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) 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, as
amended.
(b) that defendant STEPHEN G. RUDE is over 18 years of age and last known
address is 765 LANCASTER AVENUE, ENOLA, PA 17025-2639.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unswom falsification to authorities.
-- Date Li I(//V
1,
P r SAN ' LLINAN, LLP
Joseph A. Dessoye, Esquire
Identification No. 200479
126 Locust Street
Harrisburg, PA 17101
215-563-7000
800402
(Rule of Civil Procedure No. 236) - Revised
JPMorgan Chase Bank, National . Cumberland County
Association •
1111 Polaris Parkway . Court Of Common Pleas
Columbus, OH 43240
vs. . Civil Division
• Stephen G. Rude •
765 Lancaster Avenue : No. 13-1728
Enola, PA 17025
•
Michelle Rude
8220 Veterans Way
Ickesburg, PA 17037
Notice is given that a Judgment in the above captioned matter has been entered
against you on t 111`f .
By: j`23.
If you have any questions concerning this matter please contact:
PHELAN HALLINAN, LLP
Joseph A. Dessoye, Esquire
Identification No. 200479
126 Locust Street
Harrisburg, PA 17101
215-563-7000
** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA 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 ANA TTEMPT TO COLLECTA DEBT, BUT
ONLY ENFORCEMENT OFA LIEN AGAINST PROPERTY. **
800402
Phelan Hallinan, LLP
By: Joseph A. Dessoye, Esquire
Identification No. 200479
126 Locust Street
Harrisburg, PA 17101
(215)563-7000
JPMorgan Chase Bank, National Association
1111 Polaris Parkway
Columbus, OH 43240
Plaintiff
vs.
Stephen G. Rude
765 Lancaster Avenue
Enola, PA 17025-2639
Michelle Rude
8220 Veterans Way
Ickesburg, PA 17037
Defendants
'AND NOW, this
Attorney for Plaintiff
Court of Common Pleas
Civil Division
Cumberland County
No. 13-1728
CONSENT JUDGMENT
day of . 2014 itis hereby agreed by
and between, JPMorgan Chase Bank, National Association (hereinafter "Plaintiff'), by and
through its counsel, Joseph A. Dessoye, Esquire and Michelle Rude (hereinafter "Defendants"),
by and through their counsel, Joshua Thomas, Esquire, as follows:
WHEREAS, Plaintiff is the holder of the Mortgage on the property located at 765
Lancaster Avenue, Enola, PA 17025-2639 (hereinafter the "Property");
WHEREAS, Defendants are the owners and mortgagors of the Property;
WHEREAS, the Mortgage on the property is in default because monthly payments on the
Mortgage due May 1, 2012 and each month thereafter are due and unpaid;
WHEREAS, by the terms of the Mortgage, upon default in such payments for a period of
one month, the entire principal balance and all interest due thereon are due forthwith;
PH # 800402
WHEREAS, the parties to this Consent Judgment seek to resolve the issues raised in the
Complaint and therefore, Plaintiff and Defendants agree as follows:
1. An in rem judgment is entered in favor of Plaintiff and against Defendants in the
sum of $260,416.99 plus interest from January 31, 2013 and other costs and charges collectible
under the Mortgage, for foreclosure and sale of the Property.
2. Plaintiff may immediately file the instant Consent Judgment with the Court.
3. Defendants' Answer filed June 3, 2013 is withdrawn with prejudice.
4. In the event that, prior to a Sheriffs Sale, it is determined that Plaintiff has
expended sums with regard to the Mortgaged Property, including but not limited to real estate
taxes and insurance, then Defendants will stipulate with Plaintiff to the reassessment of damages
in order to increase or decrease the judgment to reflect the expenditure made by Plaintiff.
5. Defendants will peacefully vacate the Mortgaged Property by the date of the
Sheriffs Sale.
6. Defendants hereby release and forever discharge Plaintiff, its successors and
assigns, predecessors, servicers, agents, employees, officers, directors, representatives, and
attorneys from any and all claims, demands, damages, or liabilities whether now known or
unknown arising out of or in any way connected to Plaintiffs servicing of Defendants' loan and
the within foreclosure action.
7. In exchange for Defendant's agreement to the entry of an in rem judgment,
Plaintiff agrees to not pursue Defendant for any deficiency after the Sheriffs Sale of the
Mortgaged Property, including an in nersonam deficiency action under the mortgage or note.
8. The foregoing represents the entire agreement of the parties and no modification,
amendment or extension hereof shall be valid, unless in writing and signed by all signatories to
PH # 800402
this agreement.
9. The attorneys executing this Consent Judgment have done so only after having
discussed the terms with their respective clients and having obtained their consent to be bound by
the terms of this Consent Judgment.
10. This Consent Judgment may be executed in counterpart.
11. A facsimile version of a signature on this document shall be treated for all
purposes as the equivalent of the original signatures.
12. Defendants are not in the Military or Naval Service of the United States or its
Allies, or otherwise within the provisions of = , rnbers•Civil Relief Act, as amended.
DATE: ( 0/09'
DATE: 10/10/14
PH # 800402
'e, Esquire
Attorney br Plaintiff
Joshua Thomas, Esquire
Attorney for Defendant
D;pastment of Defense Manpower Data Center
Status Report
Pursuant to Servicemembers CivilReliefAct..
Last Name: RUDE
First Name: STEPHEN
Middle Name: G
Active Duty Status As Of: Nov -14-2014
Results as of : Nov -14-2014 07:50:29 AM
SCRA 3.0
On Active Duty On Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
NA.:,,i.:.'-'.': ,, ..--
-------' -7'-tl-.. , :: No -t ''
NA
This response reflect'i the indiViClugs'.adive dtysltuii based on the, Active] Direi,Statits Date
Left Active Duty Within 367 Da s of Active Duty Status Date
Active Duty Start Date
Active Duty End DateStatus
Status
Service Component
NA
.,, '.VNA c :-.:':':;,:,,!,:-.,I.No.,
-' .
NA
This response reflects where the indiVidual iait aCtitie duty itiitti wiiIiiti'367 days preceding the Active Duty Status Date
- The Member or HisfHer Unit Was Notified of a Futu e Call -Up to Active Duty on Aclive Duty Status Date
Order Notification Start Date
Order Notification End Date
Status
Service Component
NA
, NA
No
NA
This response reflects whether,the,incliteduallir hieilier unit has reOrei;iedearly,netiecatiOn-to-report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Centerbased 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-(AiMy, 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.
Mary M. Snavely -Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
T1ie Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility
Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as
the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the
individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family
member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the
protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the
"defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status
date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c).
This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service
authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the
unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1).
Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA
extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
are protected
WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.
Certificate ID: UFJA8E69T04A310
PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
Bayview Loan Servicing, LLC
Plaintiff
v.
Stephen G. Rude
Michelle Rude
Defendant(s)
To the Prothonotary:
Issue writ of execution in the above matter:
Amount Due
Interest from 11/18/2014 to Date of Sale
($42.81 per diem)
TOTAL
Note: Please attach description of property.
PH # 800402
COURT OF COMMON PLEAS
CIVIL DIVISION
NO.: 13-1728
. CUMBERLAND COUNTY
$260,416.99
$4,580.67
$264,997.66
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
asll mac,
eb_l/
/q7g7y
kit siva( dlae
LEGAL DESCRIPTION
ALL THOSE CERTAIN FOUR (4) tracts of land situate in East Pennsboro Township, Cumberland County,
Pennsylvania, more particularly bounded and described in accordance with a survey of Gerrit J. Betz,
Registered Surveyor, dated July 30, 1979, as follows, to wit:
TRACT NO 1: BEGINNING at a point on the western right-of-way line of Chester Avenue on the dividing
line of Lot No. 11 and 10 as shown on the hereinafter mentioned Plan of Lots, also being 200 feet North of
the northeast corner of Chester Avenue and Manor Road; thence by aforesaid right-of-way line North 16
degrees 45 minutes 00 seconds West 100.00 feet to a point on the southern line of Lot No. 8; thence by
aforesaid line North 73 degrees 15 minutes 00 seconds east 167.50 feet to a point on the western line of a 15
foot alley; thence by aforesaid line South 16 degrees 45 minutes 00 seconds East 100.00 feet to a point on the
northern line of Lot No. 11; thence by aforesaid line South 73 degrees 15 minutes 00 seconds West 167.50
feet to a point, being the place of BEGINNING.
BEING Lots No. 9 and 10, Block 'N' on Plan of Lots of West Enola, recorded in the Cumberland County
Recorder's Office in Plan Book 2, Page 70.
TRACT NO. 2: BEGINNING at a point at the northeastern corner of the intersection of Chester Avenue and
Manor; thence along the eastern line of Chester Avenue, aforesaid North 16 degrees 45 minutes 00 seconds
West a distance of 200.00 feet to a point at the line of adjoiner between Lots Nos. 11, 12, 13, and 14, and Lot
No. 10 on the hereinafter mentioned Plan of Lots; thence along said line of adjoiner North 73 degrees 15
minutes 00 seconds East a distance of 167.50 feet to a point; thence along the western line of a fifteen feet
wide alley South 16 degrees 45 minutes 00 seconds East a distance of 200.00 feet to a point on the northern
line of Manor Road; thence along said northern line of Manor Road South 73 degrees 15 minutes 00 seconds
West a distance of 167.50 feet to the point and place of BEGINNING.
BEING Lots Nos. 11, 12, 13 and 14, Block N. of the Plan of Lots of West Enola, as recorded in the
Cumberland County Recorder of Deeds Office in Plan Book 2, Page 70.
TRACT NO. 3: BEGINNING at a point at the northwestern corner of the intersection of Lancaster Road and
Manor Road; thence along the northern line of Manor Road aforesaid South 73 degrees 15 minutes 00
seconds West a distance of 167.50 feet to a point; thence along the eastern line of a fifteen (15) feet wide
alley North 16 degrees 45 minutes 00 seconds West a distance of 200.00 feet to a point; thence along the line
of adjoiner between Lots Nos. 15, 16, 17 and 18 and Lot No. 19 on the hereinafter mentioned Plan of Lots
North 73 degrees 15 minutes 00 seconds East a distance of 167.50 feet to a point at the western line of
Lancaster Road aforesaid; thence along said western line of Lancaster Road South 16 degrees 45 minutes 00
seconds East a distance of 200.00 feet to the point and place of BEGINNING.
HAVING THEREON ERECTED a dwelling known and numbered as 765 Lancaster Avenue.
BEING Lots Nos. 15, 16, 17 and 18, Block N. of the Plan of Lots of West Enola, as recorded in the
Cumberland County Recorder of Deeds Office in Plan Book 2, Page 70.
TRACT NO. 4: BEGINNING at a point on the western right-of-way line of Lancaster Road, at the dividing
line of Lot No. 18 and 19 as shown on the hereinafter mentioned Plan of Lots also being 200 feet North of the
northwest corner of Lancaster Road and Manor Road; thence by aforesaid dividing line South 73 degrees 15
minutes 00 seconds West 167.50 feet to a point on the eastern line of a 15 foot alley; thence by aforesaid line
North 16 degrees 45 minutes 00 seconds West 100.00 feet to a point on the southern line of Lot No. 21 on the
hereinafter mentioned Plan; thence by aforesaid line North 73 degrees 15 minutes 00 seconds East 167.50
feet to a point on the western right-of-way line of Lancaster Road; thence by aforesaid line South 16 degrees
45 minutes 00 seconds East 100.00 feet to a point, being the place of BEGINNING.
BEING Lots 19 and 20, Block 'N' on Plan of Lots of West Enola, recorded in the Cumberland County
Recorder's Office in Plan Book 2, Page 70.
TITLE TO SAID PREMISES IS VESTED IN Stephen G. Rude and Michelle Rude, b/w, by
Deed from Bryan Myers, Executor of the Estate of Ellen E. Myers, deceased, dated 02/15/2006,
recorded 02/22/2006 in Book 273, Page 1252.
PREMISES BEING: 765 Lancaster Avenue, Enola, PA 17025-2639
PARCEL NO. 09-15-1290-176.
PHELAN HALLINAN, LLP
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
Attorneys for Plaintiff
Bayview Loan Servicing, LLC : COURT OF COMMON PLEAS
Plaintiff
: CIVIL DIVISION
v.
: NO.: 13-1728
Stephen G. Rude
Michelle Rude ,
Defendant(s) : CUMBERLAND County
CERTIFICATION
The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned
matter and that the premises are not subject to the provisions of Act 91 because:
the mortgage is an FHA Mortgage
the premises is non -owner occupied
the premises is vacant
Act 91 procedures have been fulfilled
Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943
This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to
authorities.
By:
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
Bayview Loan Servicing, LLC i ', �- TA COURT OF COMMON PLEAS
Plaintiff r = . .
"� ` ' ' �' 5o CIVIL DIVISION
v. Mil ;:-
r f ,}'= . ' ° ti i `` NO.. 13-1728
Stephen G. Rude {`
Michelle Rude
Defendant(s) CUMBERLAND COUNTY
AFFIDAVIT PURSUANT TO RULE 3129.1
Bayview Loan Servicing, 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 765 Lancaster Avenue, Enola, PA
17025-2639.
1. Name and address of Owner(s) or reputed Owner(s):
Name Address (if address cannot be reasonably ascertained,
please so indicate)
Stephen G. Rude
Michelle Rude
2. Name and address of Defendant(s) in the judgment:
Name
Stephen G. Rude
765 Lancaster Avenue, Enola, PA 17025-2639
8220 Veterans Way, Ickesburg, PA 17037
Address (if address cannot be reasonably
ascertained, please so indicate)
765 Lancaster Avenue
Enola, PA 17025-2639
Michelle Rude 8220 Veterans Way
Ickesburg, PA 17037
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)
Defense Activities Federal Credit Union 5275 East Trindle Road
Mechanicsburg, PA 17055
Commerce Bank/harrisburg N.A. 742 Wertzville Road
Enola, PA 17025
Commerce Bank/harrisburg N.A. Loan Servicing 3801 Paxton Street
Harrisburg, PA 17111-1418
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)
PH # 800402
None.
6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the
sale.
Name
None.
Address (if address cannot be
reasonably ascertained, please indicate)
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
Tenant/Occupant
Commonwealth of Pennsylvania Bureau of
Individual Taxes Inheritance Tax Division
Department of Public Welfare, TPL Casualty
Unit, Estate Recovery Program
Domestic Relations of
Cumberland County
Commonwealth of Pennsylvania
Department of Welfare
Internal Revenue Service Advisory
U.S. Department of Justice
U.S. Attorney for The Middle District of PA
Federal Building
Michelle Rude do Joshua Thomas, Esq.
Address (if address cannot be
reasonably ascertained, please indicate)
765 Lancaster Avenue
Enola, PA 17025-2639
6th Floor, Strawberry Sq.
Dept 280601
Harrisburg, PA 17128
P.O. Box 8486
Willow Oak Building
Harrisburg, PA 17105
13 North Hanover Street
Carlisle, PA 17013
P.O. Box 2675
Harrisburg, PA 17105
1000 Liberty Avenue Room 704
Pittsburgh, PA 15222
228 Walnut Street, Suite 220
PO Box 11754
Harrisburg, PA 17108-1754
East Gate Center
309 Fellowship Road, Suite 200
MT. Laurel, NJ 08054
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: [ %1flf
PH # 800402
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
FIL70-6,71:1C!::
CF THE H01110NOTARY
NOV
Bayview Loan Servicing, LLCzc i is 25 ti;110; 59 : COURT OF COMMON PLEAS
:
PENNSYLVANIA Plaintiff : CIVIL DIVISION
CUNEERLA:13 COUNTY
:
vs. : NO.: 13-1728
: CUMBERLAND County
Defendant(s) :
Stephen G. Rude
Michelle Rude
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Stephen G. Rude
765 Lancaster Avenue
Enola, PA 17025-2639
Michelle Rude
8220 Veterans Way
Ickesburg, PA 17037
**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 765 Lancaster Avenue, Enola, PA 17025-2639 is scheduled to be sold at the
Sheriffs Sale on 03/04/2015 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street,
Carlisle, PA 17013 to enforce the court judgment of $260,416.99 obtained by Bayview Loan Servicing, 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 may be able to stop the sale by filing a petition asking the Court to strike or open the judgment,
if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause.
You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance you will
have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your prgperty will be sold to the highest bidder. You may find out the
price bid by calling 215-563-7000.
2. Yoi may be able to petition the Court to set aside: the sale if the bid price was grossly inadequate compared
`io the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this
has happened, you may call 215-563-7000.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if
the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff
gives a deed to the buyer. At that time, the buyer maybring 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 willbe 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
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
LEGAL DESCRIPTION
ALL THOSE CERTAIN FOUR (4) tracts of land situate in East Pennsboro Township, Cumberland County,
Pennsylvania, more particularly bounded and described in accordance with a survey of Gerrit J. Betz,
Registered Surveyor, dated July 30, 1979, as follows, to wit:
TRACT NO 1: BEGINNING at a point on the western right-of-way line of Chester Avenue on the dividing
line of Lot No. 11 and 10 as shown on the hereinafter mentioned Plan of Lots, also being 200 feet North of
the northeast corner of Chester Avenue and Manor Road; thence by aforesaid right-of-way line North 16
degrees 45 minutes 00 seconds West 100.00 feet to a point on the southern line of Lot No. 8; thence by
aforesaid line North 73 degrees 15 minutes 00 seconds east 167.50 feet to a point on the western line of a 15
foot alley; thence by aforesaid line South 16 degrees 45 minutes 00 seconds East 100.00 feet to a point on the
northern line of Lot No. 11; thence by aforesaid line South 73 degrees 15 minutes 00 seconds West 167.50
feet to a point, being the place of BEGINNING.
BEING Lots No. 9 and 10, Block N' on Plan of Lots of West Enola, recorded in the Cumberland County
Recorder's Office in Plan Book 2, Page 70.
TRACT NO. 2: BEGINNING at a point at the northeastern corner of the intersection of Chester Avenue and
Manor; thence along the eastern line of Chester Avenue, aforesaid North 16 degrees 45 minutes 00 seconds
West a distance of 200.00 feet to a point at the line of adjoiner between Lots Nos. 11, 12, 13, and 14, and Lot
No. 10 on the hereinafter mentioned Plan of Lots; thence along said line of adjoiner North 73 degrees 15
minutes 00 seconds East a distance of 167.50 feet to a point; thence along the western line of a fifteen feet
wide alley South 16 degrees 45 minutes 00 seconds East a distance of 200.00 feet to a point on the northern
line of Manor Road; thence along said northern line of Manor Road South 73 degrees 15 minutes 00 seconds
West a distance of 167.50 feet to the point and place of BEGINNING.
BEING Lots Nos. 11, 12, 13 and 14, Block N. of the Plan of Lots of West Enola, as recorded in the
Cumberland County Recorder of Deeds Office in Plan Book 2, Page 70.
TRACT NO. 3: BEGINNING at a point at the northwestern corner of the intersection of Lancaster Road and
Manor Road; thence along the northern line of Manor Road aforesaid South 73 degrees 15 minutes 00
seconds West a distance of 167.50 feet to a point; thence along the eastern line of a fifteen (15) feet wide
alley North 16 degrees 45 minutes 00 seconds West a distance of 200.00 feet to a point; thence along the line
of adjoiner between Lots Nos. 15, 16, 17 and 18 and Lot No. 19 on the hereinafter mentioned Plan of Lots
North 73 degrees 15 minutes 00 seconds East a distance of 167.50 feet to a point at the western line of
Lancaster Road aforesaid; thence along said western line of Lancaster Road South 16 degrees 45 minutes 00
seconds East a distance of 200.00 feet to the point and place of BEGINNING.
HAVING THEREON ERECTED a dwelling known and numbered as 765 Lancaster Avenue.
BEING Lots Nos. 15, 16, 17 and 18, Block N. of the Plan of Lots of West Enola, as recorded in the
Cumberland County Recorder of Deeds Office in Plan Book 2, Page 70.
TRACT NO. 4: BEGINNING at a point on the western right-of-way line of Lancaster Road, at the dividing
line of Lot No. 18 and 19 as shown on the hereinafter mentioned Plan of Lots also being 200 feet North of the
northwest corner of Lancaster Road and Manor Road; thence by aforesaid dividing line South 73 degrees 15
minutes 00 seconds West 167.50 feet to a point on the eastern line of a 15 foot alley; thence by aforesaid line
North 16 degrees 45 minutes 00 seconds West 100.00 feet to a point on the southern line of Lot No. 21 on the
hereinafter mentioned Plan; thence by aforesaid line North 73 degrees 15 minutes 00 seconds East 167.50
feet to a point on the western right-of-way line of Lancaster Road; thence by aforesaid line South 16 degrees
45 minutes 00 seconds East 100.00 feet to a point, being the place of BEGINNING.
BEING Lots 19 and 20, Block 'N' on Plan of Lots of West Enola, recorded in the Cumberland County
Recorder's Office in Plan Book 2, Page 70.
TITLE TO SAID PREMISES IS VESTED IN Stephen G. Rude and Michelle Rude, h/w, by
Deed from Bryan Myers, Executor of the Estate of Ellen E. Myers, deceased, dated 02/15/2006,
recorded 02/22/2006 in Book 273, Page 1252.
PREMISES BEING: 765 Lancaster Avenue, Enola, PA 17025-2639
PARCEL NO. 09-15-1290-176.
THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PA
DAVID D. BUELL, PROTHONOTARY
One Courthouse Square • Suite100 • Carlisle, PA • 17013
(717) 240-6195
www.ccpa.net
BAYVIEW LOAN SERVICING, LLC
Vs.
STEPHEN G. RUDE
MICHELLE RUDE
WRIT OF EXECUTION
NO 13-1728 Civil Term
CIVIL ACTION — LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell
the following described property:
(1) See legal description.
(2) (Specifically describe personal property when judgment results from a mortgage covering
both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code)
NOTE: Description of property must be attached to the writ.
Amount Due: $260,416.99 L.L.:
Interest FROM 11/18/2014 TO DATE OF SALE ($42.81. PER DIEM) - $4,580.67
Atty's Comm: Due Prothy: $2.25
Atty Paid: $263.21 Other Costs:
Plaintiff Paid:
Date: 11%25/14 /S/ 20ed.
David D. Buell, Prothonotary
(Seal) By:
REQUESTING PARTY:
Name: ADAM H. DAVIS, ESQUIRE
Address: PHELAN HALLINAN, LLP
1617 JFK BLVD., SUITE 1400
ONE PENN CENTER PLAZA
PHILADELPHIA, PA 19103
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 203034
Deputy
r
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
Attorney For Plaintiff
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION
Plaintiff
v.
STEPHEN G. RUDE
MICHELLE RUDE
Defendant(s)
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 13-1728
PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF
PURSUANT TO Pa.R.C.P., 2352
TO THE PROTHONOTARY:
Kindly substitute BAYVIEW LOAN SERVICING, LLC as successor Plaintiff for the
originally named Plaintiff.
The material facts on which the right of succession and substitution are based as follows:
BAYVIEW LOAN SERVICING, LLC is the current holder of the mortgage by
virtue of that certain Assignment of Mortgage, which Assignment was recorded on
06/11/2014 in Instrument No. 201412321 of the Recorder of Deeds Office in and for
CUMBERLAND County.
Date:
Kindly amend the information on the docket accordingly.
/17Z? -//4
PH # 800402
By:
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
Attorney For. Plaintiff
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION
Plaintiff
v.
STEPHEN G. RUDE
MICHELLE RUDE
Defendant(s)
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 13-1728
PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF
TO THE PROTHONOTARY:
Please mark the judgment in the above -captioned matter to the use of BAYVIEW LOAN
SERVICING, LLC, located at 4425 Ponce de Leon Boulevard, Coral Gables, FL 33146. / 2
Date: ! f 4f-fi PHELAN HALLINAN, LLP
By:
PH # 800402
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
Attorney For Plaintiff
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION
Plaintiff
v.
STEPHEN G. RUDE
MICHELLE RUDE
Defendant(s)
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 13-1728
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of BAYVIEW LOAN SERVICING, LLC.
Date: /772.? if
PH # 800402
PHELAN HALLINAN, LLP
By:
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
V
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
Attorney For Plaintiff
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION
Plaintiff
v.
STEPHEN G. RUDE
MICHELLE RUDE
Defendant(s)
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 13-1728
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of the foregoing Plaintiffs Praecipe to Mark
Judgment to BAYVIEW LOAN SERVICING, LLC, Substitution of Party Plaintiff and Entry of
Appearance were served by regular mail on the person(s) on the date listed below:
MICHELLE RUDE
c/o Joshua Thomas, Esq.
East Gate Center, 309 Fellowship Road, Suite 200
Mt. Laurel, NJ 08054
STEPHEN G. RUDE
765 LANCASTER AVENUE
ENOLA, PA 17025-2639
Date:
PHELAN HALLINAN, LLP
By:
a,e
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff