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HomeMy WebLinkAbout13-2642 � JJ Supreme Court of Pennsylvania ' Cour l .o ` m"on,Pleas -*� r N� For Prothonotary Use Only: Civil "Cov�eir, Sheet - i <. CUMBER�L3AN N'' County Docket No: + The information collected on. this form, is used solely for court administration purposes. This forth. does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. S Commencement of Action: ❑D Complaint ❑ Writ of Summons ❑ Petition B+ ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name: JPMORGAN CHASE BANK, N.A. Lead Defendant's Name: KEVIN D. BRENNEMAN T I Are money damages requested? ❑ Yes ❑x No Dollar Amount Requested: ❑ within arbitration limits Q (Check one) 0 outside arbitration limits N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑ Yes Z 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 Case Place an "X" to the left of the ONE case category that most accurately describes your 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 S include mass tort) ❑ Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: O ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations Z 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 0110112011 NO Tl� 2013 MAY 13 Apf 10: 1 t Cul'I0ERLAND COU14TY PENNS YLVANIA 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, N.A. 11 I I POLARIS PARKWAY COURT OF COMMON PLEAS COLUMBUS, OH 43240 CIVIL DIVISION Plaintiff V. TERM KEVIN D. BRENNEMAN NO. , S — D (P V KIM W. BRENNEMAN 1550 HOLLY PIKE CUMBERLAND COUNTY CARLISLE, PA 17015 -9103 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 306213 (%l C)C)� So 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 1701.3 (717) 249 -3166 (800) 990 -9108 File #: 306213 1. Plaintiff is JPMORGAN CHASE BANK, N.A. 1111 POLARIS PARKWAY COLUMBUS, OH 43240 2. The name(s) and last known address(es) of the Defendant(s) are: KEVIN D. BRENNEMAN KIM W. BRENNEMAN 1550 HOLLY PIKE CARLISLE, PA 17015 -9103 who is /are the mortgagor(s) and /or real owner(s) of the property hereinafter described. 3. On 11/30/2005 KEVIN D. BRENNEMAN and KIM W. BRENNEMAN made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR LOANCITY, A CALIFORNIA CORPORATION which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1934, Page 0522. By Assignment of Mortgage recorded 12/01/2008 the mortgage was assigned to Washington Mutual Bank which Assignment is recorded in Assignment of Mortgage Instrument No. 200838338. 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 04/01/2012 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 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 306213 6. The following amounts are due on the mortgage as of 04/09/2013: Principal Balance $153,079.36 Interest $9,950.20 03/01/2012 through 03/31/2013 Late Charges $0.00 Property Inspections $222.25 Property Preservation $1,254.00 Escrow Advance $3,426.72 TOTAL $167,932.53 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 Assistance Program pursuant to Act 91 of 1983, as amended in 1998, 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 mortgage premises are vacant and abandoned File #: 306213 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $167,932.53, 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 HAL INAN, LLP By: lison F. uckerm n, Esq., Id. No.309519 Attorney f r Plain . f File #: 306213 LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon erected, situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Northern side of Sadler Court, on the dividing line between Lots Nos. 23 and 24 on the hereinafter mentioned Plan of Lots; thence by said dividing line, North 9 degrees 19 minutes East 113.79 feet to .a point; thence by Interstate Highway Route No. 81, South 88 degrees 31 minutes 40 seconds East 180 feet to a point; thence by land of the Borough of Carlisle, South 2 degrees 32 minutes 50 seconds West 151.69 feet to a point; thence by the dividing line between Lots Nos. 24 and 25 on said Plan of Lots, South 83 degrees 41 minutes 50 seconds West 151.69 feet to a point on the Eastern side of Sadler Court; thence by said Court, on a curve to the left having a radius of 50 feet, an arc distance of 64.92 feet to the Place of BEGINNING. BEING Lot No. 24 on the Plan of Lots known as Plan of Section 2 of Forest Park, as recorded in the office of the Recorder of Deeds for Cumberland County in Plan Book 16, Page 54. BEING improved with a dwelling house known as No. 901 Sadler Court. BEING the same premises which Ronald E. Shover and Norma G. Shover, husband and wife, by their Deed dated March 24, 1999 and recorded March 31, 1999 in the Office of the Recorder of Deeds of Cumberland County in Deed Book 196, Page 750, granted and conveyed unto Kevin D. Brenneman, married man, Grantor herein. Kim W. Brenneman joins in this transfer to convey any interest she may have in said property by virtue of her marriage to Kevin D. Brenneman. PROPERTY ADDRESS: 901 SADLER COURT, CARLISLE, PA 17013 -4258 File #: 306213 -�- Pennsylvania Verification V Jrh ( X C-� r&f' hereby states that he /gie 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. 1<j -K r ;s� L7czrVA4- Vice President Date: !�' ,23 -13 JPMorgan Chase Bank, N.A. Borrower: KEVIN D. BRENNEMAN and KIM W. BRENNEMAN Property Address: 901 SADLER COURT, CARLISLE, PA 17013 -4258 County: CUMBERLAND Last Four of Loan Number: 2726 File #: 306213 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson �-0 V`i -L Sheriff oT 110 Chef D pmtyh 201' MAY 30 h1i 11. 01 �} Richard W Stewart - CUMBERLO Solicitors PE �dSYL� AI A JPMorgan Chase Bank, National Association Case Number vs Kevin D. Brenneman (et al.) 2013-2642 SHERIFF'S RETURN OF SERVICE 05/13/2013 09:11 PM-Ronny R.Anderson, Sheriff, being duly sworn according to law, attempted service to the Defendant,to wit: Kevin D. Brenneman at 901 Sadler Court, Carlisle Borough, Carlisle, PA 17013. The address was found to be vacant. 05/13/2013 09:11 PM-Ronny R. Anderson, Sheriff, being duly sworn according to law, attempted service to the Defendant,to wit: Kim W. Brenneman at 901 Sadler Court, Carlisle Borough, Carlisle, PA 17013. The address was found to be vacant. 05/16/2013 11:40 AM- Deputy Ryan Burgett, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Chris Strickland, son of defendant, who accepted as"Adult Person in Charge"for Kevin D. Brenneman at 1550 Holly Pike, South Middleton Township, Carlisle, PA 17015. RYAN BURGETT, DEP 05116/2013. 11:40 AM-Deputy Ryan Burgett, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Chris Strickland, son to defendant;who accepted as"Adult Person in Charge"for Kim W. Brenneman at 1550 Holly Pike, South Middleton Township, Carlisle, PA 17015. RYAN BURGETT, SHERIFF COST: $57.56 SO ANSWERS, May 17, 2013 RON R ANDERSON, SHERIFF {c}CountySufte Sheriff,leteosoft,[tic. Fit-EP-OF F- OF .t PHELAN HALLINAN, LLP 2013 AUG 28 AM 2, ttorney for Plaintiff. Adam H. Davis, Esq., Id. No.203034 C 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 JPMORGAN CHASE BANK,N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS KEVIN D. BRENNEMAN CIVIL DIVISION KIM W. BRENNEMAN No. 13-2642-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against KEVIN D. BRENNEMAN and KIM W.BRENNEMAN, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $167,932.53 TOTAL $167,932.53 I hereby certify that(1) the Defendants'last known addresses are 1550 HOLLY PIKE, CARLISLE, PA 17015-9103 and 901 SADLER COURT, CARLISLE, PA 17013-4258, and(2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Q Date Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff DAMAGES A HEREBY ASSESSED AS INDICATED. DATE: a 8 (3 �a PH#799975 PROTHONOTARY OL C r t,.sod. 3Yc(1;2? 799975 Nofi� Witt, PHELAN HALLINAN,LLP Attorney for Plaintiff Adam H. Davis,Esq.,Id.No.203034 1.617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 JPMORGAN CHASE BANK,N.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. , CIVIL DIVISION KEVIN D. BRENNEMAN KIM W. BRENNEMAN No. 13-2642-CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant KEVIN D. BRENNEMAN is over 1.8 years of age and the defendant's last known addresses are 1550 HOLLY PIKE, CARLISLE, PA 17015-9103 and 901 SADLER COURT, CARLISLE, PA 17013-4258. (c) that defendant KIM W. BRENNEMAN is over 18 years of age and the defendant's last known addresses are 1550 HOLLY PIKE, CARLISLE, PA 17015-9103 and 901 SADLER COURT, CARLISLE, PA 17013-4258. This statement is made subject to the penalties of 18.Pa..C.S. Section 4904 relating to unswom falsification to authorities. Date Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1.617 JFK Boulevard, Suite 1.400 One Penn Center Plaza, Philadelphia, PA 191.03 215-563-7000 799975 Department of Defense Manpower Data Center Results as of:Aug-27-201312:16:50 SCRA 3.0 h �f t� • Status Repott c C Pursuant to'Servicomombom Civil Relief Act. Last Name: BRENNEMAN First Name: KEVIN Middle Name: D Active Duty Status As Of: Aug-27-2013 On Active Duty On Active Duty Status Date - Active Duty Start Date Active Duty End Date - - Status Service Component NA NA No NA This response reflecls.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 Servicee Component NA .;.NA .. - NOS NA This response reflects where the Individual left active duty status within 367 days preceding the Active Duty Status Date i The Member or HislHer Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA ,NA - ;No NA This response reflects whether the individual.or his/her unit has received'earty notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center;based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Aill Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Department of Defense Manpower Data Center Results as of:Aug-27-2013 12:16:48 SCRA 3.0 l a -rata=Rtport _� r~ P=uant to Scrviccrnernbcrs Civil.Relief Act. Last Name: BRENNEMAN First Name: KIM Middle Name: W Active Duty Status As Of: Aug-27-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duly Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE 00 NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Otr . Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 JPMORGAN CHASE BANK,N.A, COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. KEVIN D.BRENNEMAN NO. 13-2642-CIVIL KIM W.BRENNEMAN Defendant(s) CUMBERLAND COUNTY TO: KEVIN D.BRENNEMAN 1550 HOLLY PIKE CARLISLE,PA 17015-9103f / DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOU R DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: ezox-P%4A Adam T Davis,Esq.,Id,No.203034 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#799975 JPMORGAN CHASE BANK,N.A. COURT OF COMMON PLEAS V. Plaintiff CIVIL DIVISION " KEVIN D.BRENNEMAN NO. 13-2642-CIVIL KIM W.BRENNEMAN Defendant(s) CUMBERLAND COUNTY TO: KEVIN D.BRENNEMAN 901 SADLER COURT CARLISLE,PA 17013-4258 DATE OF NOTICE: 7 � THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAUI..T 13IECAUSE YOU HAVE FAILED TO ENTER A WRITTEN Al PF' AI2ANCIE PERSONALLY OR BY A17ORNFEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF ',PHIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A 1-1EARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE'PHIS 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 AFFORI)7()HIRE A LAWY.EI4 "171-115 OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AG.IENCIES.T1-'IAT MAY OM-3R LE'GAU SERVICES TO ELIGIBLE PERSONS AT A R EDUCED FIE(.;OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-31.66 By: Y,,r '?,,- Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Phelan Hallinan,LLP 1.617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#799975 JPMORGAN CHASE BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. KEVIN D.BRENNEMAN NO. 13-2642-CIVIL KIM W.BRENNEMAN Defendant(s) CUMBERLAND COUNTY TO: KIM W.BRENNEMAN 1550 HOLLY PIKE CARLISLE,PA 17015-9103 DATE OF NOTICE:—.&Z& THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By:_ .>✓%" ,,., Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#799975 IPMORGAN CHASE BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. KEVIN D.BRENNEMAN NO, 13-2642-CIVIL KIM W.BRENNEMAN Defendant(s) CUMBERLAND COUNTY TO: KIM W.BRENNEMAN 901 SADLER COURT CARLISLE,PA 17013-4258 / DATE OF NOTICE: / �✓ THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 1701.3 /�� (717)249-31.66 Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center.Plaza Philadelphia,PA 19103 PH#799975 (Rule of Civil Procedure No. 236) - Revised JPMORGAN CHASE BANK,N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS KEVIN D.BRENNEMAN KIM W. BRENNEMAN CIVIL DIVISION No. 13­2642-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on By: 1 If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff' 1617,JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY** 799975 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 JPMORGAN CHASE BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.; 13-2642-CIVIL KEVIN D.BRENNEMAN KIM W.BRENNEMAN Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due - $167,932.53 Interest from 0812912013 to Date of S $2,705.78 ($27.61 per diem) TOTAL $170,638.31 Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Note: Please attach description of property. PH#799975 mCo x::o G5 -or r-3 co � --� A. � 2 c`? o z --i s .sty CA5 t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,N.A. Plaintiff V. KEVIN D.BRENNEMAN KIM W.BRENNEMAN Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Filed: C�^V�� � � Address where papers may be served: a °�"P� KEVIN D.BRENNEMAN Phelan Hallinan,LLP 1550 HOLLY PIKE Adam H.Davis,Esq.,Id.No.203034 CARLISLE,PA 17015-9103 Attorney for Plaintiff KIM W.BRENNEMAN 1550 HOLLY PIKE CARLISLE,PA 17015-9103 LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon erected,situate in the Third Ward of the Borough of Carlisle,Cumberland County,Pennsylvania,bounded and described as follows: BEGINNING at a point on the Northern side of Sadler Court,on the dividing line between Lots Nos. 23 and 24 on the hereinafter mentioned Plan of Lots;thence by said dividing line,North 9 degrees 19 minutes East 113.79 feet to a point;thence by Interstate Highway Route No. 81,South 88 degrees 31 minutes 40 seconds East 180 feet to a point;thence by land of the Borough of Carlisle,South 2 degrees 32 minutes 50 seconds West 151.69 feet to a point;thence by the dividing line between Lots Nos.24 and 25 on said Plan of Lots, South 83 degrees 41 minutes 50 seconds West 151.69 feet to a point on the Eastern side of Sadler Court; thence by said Court,on a curve to the left having a radius of 50 feet,an arc distance of 64.92 feet to the Place of BEGINNING. BEING Lot No.24 on the Plan of Lots known as Plan of Section 2 of Forest Park, as recorded in the office of the Recorder of Deeds for Cumberland County in Plan Book 16,Page 54. SUBJECT,HOWEVER,to such easements,restrictions and conditions that may apply to the afore-described tract of land,recorded or unrecorded. TITLE TO SAID PREMISES VESTED IN Kevin D.Brenneman and Kim W. Brenneman, h/w,by Deed from Kevin D.Brenneman,married man,dated 07/26/1999,recorded 07/28/1999 in Book 204, Page 764. PREMISES BEING: 901 SADLER COURT,CARLISLE,PA 17013-4258 PARCEL NO.04-22-0481-196 PHELAN HALLINAN, LLP R E -O F I C E Attorneys for Plaintiff Adam H. Davis, Esq., Id. No.203091 THE PRC.TH� NOTAR 1617 JFK Boulevard, Suite 1400 2013 AUG 28 .AM.10: 24 One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAw COU'RTY Adam.Davis @PhelanHallinan.com PRNSYLVaNIA 215-563-7000 JPMORGAN CHASE BANK, N.A. COURT OF COMMON PLEAS Plaintiff , CIVIL DIVISION V. NO.: 13-2642-CIVIL KEVIN D.BRENNEMAN KIM W. BRENNEMAN - Defendant(s) CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91.because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied (X) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197,41 Pa.B.3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. 13y: ill`�GL Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff JPMORGAN CHASE BANK,N.A. OF TH-E PROViONO-TARY COURT OF COMMON PLEAS Plaintiff 2013 AUG 28 AM 10 24 • CIVIL DIVISION V. CUMBERLAND COUNTY KEVIN D.BRENNEMAN PENNSYLVANIA NO.: 13-2642-CIVIL KIM W.BRENNEMAN Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 JPMORGAN CHASE BANK,N.A.,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 901.SADLER COURT, CARLISLE,PA 17013-4258. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) KEVIN D.BRENNEMAN 1550 HOLLY PIKE CARLISLE,PA 17015-9103 KIM W.BRENNEMAN 1550 HOLLY PIKE CARLISLE,PA 17015-9103 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) SAME AS ABOVE. 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) MEMBERS 1ST FEDERAL CREDIT UNION 5000 LOUISE DRIVE MECHANICSBURG,PA 1.7055 MEMBERS 1ST FEDERAL CREDIT UNION ATTN:FT1120 C!O FIRST AMERICAN TITLE INSURANCE 1228 EUCLID AVENUE,SUITE 400 LENDERS ADVANTAGE CLEVELAND,OH 44115 5. Name and address of every other person who has any record Iien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. PH#799975 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None: 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 901 SADLER COURT CARLISLE,PA 17013-4258 r DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities.. Date: �/f`✓ By: � 4r-7� Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 1.617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-5637000 PH#799975 �10NOTA.%y JPMORGAN CHASE ZANK,N.A. COURT OF COMMON PLEAS ztj3 AUG 28 Am !0: 24 CUMBERLAND COUNTY Plaintiff CIVIL DIVISION BEt§SYLVANIA NO.: 13-2642-CIVIL KEVIN D. BRENNEMAN KIM W. BRENNEMAN CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: KEVIN D.BRENNEMAN KIM W. BRENNEMAN 1550 HOLLY PIKE CARLISLE, PA 17015-9103 "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 901 SADLER COURT,CARLISLE,PA 17013-4258 is scheduled to be sold at the Sheriff's Sale on 12/04/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street,Carlisle,PA 17013 to enforce the court judgment of$167,932.53 obtained by JPMORGAN CHASE BANK,N.A.(the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your.property. 3. The sale will-go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to'the Sheriff, you will remain the owner of the property as if the'sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer..At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of.the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30)-days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in.accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten(1.0) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE'YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800) 990-9108 . LEGAL DESCRIPTION ALL that certain tract of land with,the improvements thereon erected,situate in the Third Ward of the Borough of Carlisle,Cumberland County,Pennsylvania,bounded and described as follows: BEGINNING at a point on the Northern side of Sadler Court,on the dividing line between Lots Nos.23 and 24 on the hereinafter mentioned Plan of Lots;thence by said dividing line,North 9 degrees 19 minutes East 113.79 feet to a point;thence by Interstate Highway Route No.81,South 88 degrees 31 minutes 40 seconds East 1.80 feet to a point;thence by land of the Borough of Carlisle,South 2 degrees 32 minutes-50 seconds West 151.69 feet to a point;thence by the dividing line between Lots Nos. 24 and 25 on said Plan of Lots, South 83 degrees 41 minutes 50 seconds West 151.69 feet to a point on the Eastern side of Sadler Court; thence by said Court,on a curve to the left having a radius of 50 feet,an arc distance of 64.92 feet to the Place of BEGINNING. BEING Lot No. 24 on the Plan of Lots known as Plan of Section 2 of Forest Park,as recorded in the office of the Recorder of Deeds for Cumberland County in Plan Book 16,Page 54. SUBJECT,HOWEVER,to such easements,restrictions and conditions that may apply to the afore-described tract of land,recorded or unrecorded. TITLE TO SAID PREMISES VESTED IN Kevin D. Brenneman and Kim W. Brenneman,h/w,by Deed from Kevin D. Brenneman, married man, dated 07/26/1999,recorded 07/28/1999 in Book 204, Page 764. PREMISES BEING: 901 SADLER COURT,CARLISLE,PA 17013-4258 PARCEL NO.04-22-0481-196 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-2642-CIVIL JPMORGAN CHASE BANK,N.A. V. KEVIN D.BRENNEMAN KIM W. BRENNEMAN owner(s) of property situate in CARLISLE BOROUGH,CUMBERLAND County, Pennsylvania,being 901 SADLER COURT, CARLISLE,PA 17013-4258 Parcel No. 04-22-0481-196 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $167,932.53 Attorneys for Plaintiff Phelan Hallinan, LLP WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-2642 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK,N.A.Plaintiff(s) From KEVIN D.BRENNEMAN,KIM W.BRENNEMAN (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEES)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $167,932.53 L.L.: $.50 Interest from 08/29/2013 to Date of Sale($27.61 per diem)-$2,705.78 Atty's Comm: Due Prothy: $2.25 Atty Paid: $206.31 Other Costs: Plaintiff Paid: Date: August 28,2013 r David D.B 11,Prothono ry (Seal) Deputy REQUESTING PARTY: Name: ADAM H.DAVIS,ESQUIRE Address: Phelan Hallinan,LLP 161.7 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 203034 Phelan Hallinan, LLP QC'Allison F. Zuckerman, Esq., Id. No.309c 9' Q`� 23 ; i, 13MfrORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CUM9ERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL • Court of Common Pleas ASSOCIATION, SUCCESSOR IN INTEREST BY : PURCHASE FROM THE FEDERAL DEPOSIT : Civil Division INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK CUMBERLAND County Plaintiff • • No.: 13-2642-CIVIL v. • KEVIN D. BRENNEMAN KIM W. BRENNEMAN Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP,moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on May 13, 2013. 2. Judgment was entered on August 28, 2013 in the amount of$167,932.53. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amounf claimed in the complaint and any item • which can be calculated from the complaint, i.e. bringing the interest current. However,new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 4, 2013. 799975 5. Additional sums have been incurred or expended on Defendants'behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $153,079.36 Interest Through December 4, 2013 $16,174.06 Legal fees $1,875.00 Cost of Suit and Title $1,390.62 Property Inspections $292.25 Property Preservation $5,467.33 Escrow Deficit $6,546.95 TOTAL $184,825.57 6. Plaintiff paid the following in property preservation during the time the loan was in default: 12/18/2008 PROPERTY MAINTENANCE $35.00 12/18/2008 PROPERTY MAINTENANCE $8.00 9/7/2012 YARD MAINTENANCE $127.00 9/7/2012 RELOCK & REKEY $40.00 9/7/2012 PROPERTY MAINTENANCE $40.00 10/11/2012 YARD MAINTENANCE $122.00 10/19/2012 DRY HEAT $100.00 10/23/2012 YARD MAINTENANCE $122.00 11/20/2012 PROPERTY MAINTENANCE $350.00 11/29/2012 RELOCK & REKEY $30.00 1/8/2013 PROPERTY MAINTENANCE $40.00 1/26/2013 RELOCK & REKEY $40.00 2/13/2013 DEBRIS REMOVAL $200.00 4/27/2013 PROPERTY MAINTENANCE $40.00 5/7/2013 YARD MAINTENANCE $125.00 5/7/2013 YARD MAINTENANCE $127.00 6/6/2013 YARD.MAINTENANCE $122.00 . 6/6/2013 RELOCK & REKEY $40.00 6/15/2013 YARD MAINTENANCE $125.00 6/18/2013 UTILITY BILL $75.00 6/22/2013 YARD MAINTENANCE $125.00 7/12/2013 YARD MAINTENANCE $125.00 8/1/2013 DEBRIS REMOVAL • $1,575.00 799975 8/7/2013 YARD MAINTENANCE $127.00 8/16/2013 DEBRIS REMOVAL $150.00 8/16/2013 PROPERTY MAINTENANCE $400.00 8/20/2013 PROPERTY MAINTENANCE $345.00 8/20/2013 DEBRIS REMOVAL $150.00 8/24/2013 UTILITY BILL $37.33 8/28/2013 YARD MAINTENANCE $125.00 8/31/2013 DEBRIS REMOVAL $75.00 9/11/2013 YARD MAINTENANCE $125.00 9/21/2013 UTILITY BILL $75.00 9/24/2013 YARD MAINTENANCE $125.00 TOTAL $5,467.33 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 9. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 11, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9)and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 11. • No judge has previously entered a ruling in this case. • . 799975 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: : /CiZZ/P By: 4.1. 'is•!lifi- an, Esquire ATTO' EY FOR PLAINTIFF • 799975 Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL • Court of Common Pleas ASSOCIATION, SUCCESSOR IN INTEREST BY : PURCHASE FROM THE FEDERAL DEPOSIT : Civil Division • INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK • CUMBERLAND County Plaintiff No.: 13-2642-CIVIL v. KEVIN D. BRENNEMAN KIM W. BRENNEMAN Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE KEVIN D. BRENNEMAN executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 901 SADLER COURT, CARLISLE, PA 17013-4258. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be 799975 cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact,. can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 799975 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village 799975 Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire,Plaintiff would not be . able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. 799975 Most importantly,the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton 799975 Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the,Sheriff's sale. . . Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 799975 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. 799975 Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, ,' DATE: `CA/_2i��j By: A, _ vY °lison kerman, Esquire Attorney for Plaintiff 799975 . . . . . • . . . . . Exhibit "A" . . 799975 a mat si. ripe PHELAN HALLINAN,LLP Attorney for Plaix Adam H. Davis,Esq.,Id. No.203034 to mi. i-ri 1617 JFK Boulevard,Suite 1400 Pc, Ze One Penn Center Plaza q z5 4rn Philadelphia,PA 19103 -� r.? p Adam.Davis @PhelanHallinan.com 215-563-7000 JPMORGAN CHASE BANK,N.A. : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS KEVIN D.BRENNEMAN : CIVIL DIVISION 14/�" KIM W.BRENNEMAN p,O�NFyFi : No: 13-2642-CIVIL tRPp �FCOpy RN PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: 41768 Kindly enter judgment in favor of the Plaintiff and against KEVIN D. and KIM W.BRENNEMAN,Defendant(s)for failure to file an Answer to Plaintiff's /gm/ Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises,and assess Plaintiff's damages as follows: As set forth in Complaint $16 14Nt TOTAL $167,932.53 ''it I hereby certify that(1)the Defendants'last known addresses are 1550 HOLLY PIKE, CARLISLE,PA 17015-9103 and 901 SADLER COURT,CARLISLE,PA 17013-4258 and _ . _ that notice has been given in . . . . • - ' • • - • - - - �� Date _ _ — 19vt'l•"-A Adam H.Davis,Esq.,Id.No.203034 Attorn for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. • DATE: a9/3 " #611113,/d . PH#799975 PROTHONOTARY 799975 • • . . Exhibit "B" 799975 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania October 11 Eh 2013 KEVIN D. BRENNEMAN KIM W. BRENNEMAN 1550 HOLLY PIKE CARLISLE, PA 17015-9103 RE: JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK v. KEVIN D. BRENNEMAN and KIM W. BRENNEMAN Premises Address: 901 SADLER COURT CARLISLE, PA 17013 CUMBERLAND County CCP,No. 13-2642-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 10/17/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, Allison F /dicker] 'viii, q ..No.309519 Attory car Plaint] Enclosure 799975 and Phelan Hallinen,LLP . . !r) ss I6173FK Boulevard,Suite 1400 ldcr One Penn Center Plaza §s4 Philadelphia,PA 19103 . KVM i ' , Nara*Article Number oGAd dredsee,'Stseeit,and Post.OHiee Address. Postage h .... KEVIN D.BRENNEMAN SO.45 +:' KIM W.BRENNEMAN m,fl t.Nig(.i,' 1550 HOLLY PIKE u r». CARLISLE,PA 17015-9103 N.° e•••.•:-.,..,3v **•* KEVIN)).BRENNEMAN S0.45 KIM W.RRENNEMAN T , L 7 901 SADLER COURT �tt'� .+ .,, CARLISLE,PA 170134258 a "�' ` •••� IUM W,BRENNEMAI� 50.45 .x . KEVIN D.BRENNEMAN • ' 200 S SPRING GARDEN ST ' CARLISLE,PA 170134578 RE:KEVIN D.BRENNEMAN(CUMBERLANDL ,.PH#79997511200 Pso t o f 1 $1.35 mee,of Taal Number of Hues Poamuga.Per(fie at The firli deelL as of Aloes an en demerit.asb i `� .e. +etc.by Sauk' Ra�wdat Pea t)Rice Reeei' for of .moos oconi ceo ma- s Employee) naneaai�Fe doawaent tenter E let M01 decumeas recoounuaan i6.:4,.,....w piss subject m■limud3i90,1:00 pHnca.cscg Tficmgim“.iedsnoiy WY�O pa usWelma as a , a The amine=iedmwity?uphill is 425.000 for reyigaad m.J,va,.i6 o1+(«sl iasermct-5,,hoou,,i,,.'t?.{...„i yr: ... t R9O0 5913 and 5921 ter Iseit.tiom of coverage, .. d•:=r. 13877.Facsimile 1.?-; :: . €• r 2' 4 .». 1 7()9975 • • Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, NATIONAL Court of Common Pleas ASSOCIATION, SUCCESSOR IN INTEREST BY • PURCHASE FROM THE FEDERAL DEPOSIT • Civil Division INSURANCE CORPORATION AS RECEIVER • OF WASHINGTON MUTUAL BANK • CUMBERLAND County Plaintiff • • No.: 13-2642-CIVIL v. • KEVIN D. BRENNEMAN KIM W. BRENNEMAN Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. KEVIN D. BRENNEMAN KEVIN D. BRENNEMAN KIM W. BRENNEMAN KIM W. BRENNEMAN 1550 HOLLY PIKE 901 SADLER COURT CARLISLE, PA 17015-9103 CARLISLE, PA 17013-4258 KIM W. BRENNEMAN KEVIN D. BRENNEMAN 200 S SPRING GARDEN ST CARLISLE, PA 17013-2578 Phelan Hallinan, LLP DATE: 'p By: Iii.._111111110 ison F. , Esquire ATTO' E• FOR PLAINTIFF • 799975 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION, SUCCESSOR IN INTEREST BY • PURCHASE FROM THE FEDERAL DEPOSIT • Civil Division INSURANCE CORPORATION AS RECEIVER • OF WASHINGTON MUTUAL BANK • CUMBERLAND County Plaintiff • • No.: 13-2642-CIVIL v. KEVIN D. BRENNEMAN KIM W. BRENNEMAN Defendants RULE AND NOW, this Z `/` day of pub l.,T 2013, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY TH COURT /f J. ref c) fi;`' C 799975 Allison F.Zuckerman,Esq.,Id.No.309519 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 KEVIN D. BRENNEMAN /r(EVIN D. BRENNEMAN KIM W. BRENNEMAN KIM W. BRENNEMAN 1550 HOLLY PIKE 901 SADLER COURT CARLISLE, PA 17015-9103 CARLISLE, PA 17013-4258 IM W. BRENNEMAN KEVIN D. BRENNEMAN 200 S SPRING GARDEN ST CARLISLE, PA 17013-2578 Ie.s ()la% Lc is a.s i 3 799975 i.1) • • 799975 i I; :. PHELAN HALLINAN,LLP Attorney for Plaintiff Adam H.Davis,Esq.,Id.No.203034 5 LAND CQUtd , 1617 JFK Boulevard,Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis @PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL CUMBERLAND COUNTY ASSOCIATION,SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT COURT OF COMMON PLEAS INSURANCE CORPORATION AS RECEIVER OF . WASHINGTON MUTUAL BANK CIVIL DIVISION Plaintiff, No.: 13-2642-CIVIL v. KEVIN D.BRENNEMAN KIM W.BRENNEMAN Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P.3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c)on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing(Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". If6C.-8(7t Adam H.Davis,Esq.,Id.No.203034 /(/ ‘/ //\? Attorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#799975 r.• pu Q t'! Name and Phalan ilal)iaen I.LP RP . to Adder - 16)i)FK.Boulevard,Suite 1400 Of Sends One Peon Censer Plaza _ ~ . Philadt i 'n.i A 19103 AZK/DfIA-I s Name or ~\i and Putd Office Atkin:us 1/2013 SALE illa211111111MEMItni TENANT/OCCUPANT PL/ a fWI SADLER COURT $0.45 s' n+�• CARL: A I7017f+M113$ • Pi c=,fit © MEINBER„SISrFEA AL�DITUNION w3 561 LAULSEDRPFE 3045 e,�0 In MEL'RANkCSsut 'PA A70SS MEMBERS 13 i FEDERAL " s 4 IIRAL CREDCT UNION t/f)FIR5I AMERICAN TTCLE INSURANCE LENDERS BOAS lI m' ADVANTAGE ?: ,c.. . ATrN:FT1120 I22$EUCL 112AVg,NUg,SUIyE400 • CLEVELAND OFi44I3S P- ll:.. MRSTIC RELATIONS OF CUMBERLAND COUNTY 30.45 II NORTH HANOYER STREET IIICARLIS : PA 11013 COMM• Ty/OP PENNSYLVANIA Mill AEPAtr2 T OF WELFARE 45 P.O.BOX 1675 I4ABRLSRtIlR(;,PA I7f j • ill INTERNAL REVENUE SERVICE ADVISORY 2600 LIBERTY AV&NUR ROOM 104 $0.45 FIT TS@ PAI • €1.5:DEPART....,,,. . U.S. ATTORNEY FOR THE MIII)LE DISTRICT OR PA 50.45 ..� FOAL BUILDING f3 228 N AI TVi)T57 REI?T,StJr1�;220 PO 130E11754 • N Or HARRISBURG PA 17 -1734 r' fL Pidm 1.Yxwi67 floxie. ltmrisel w 71n.der '• h+R1x,e¢or '1711 fall d W e .x ex.:w,,,gEw+k7mi toilenaunauctiw.f�ommugrbk,*a mo,mck Flptesmroiwul tare....7neamxmym 01...49.1.3 r�a➢8asa]moP�, ,crA FrMwa Mal JOCw,em�ow[.re,»imw xahxp(Q k 4 . .. 01..x1 tail..11 W}'xileir$25.00)( .ti.t.mtnetee.^ty hYa,ir en&ry..M iM1...NEy l*MI Pont'3877 Facsimile MODS9t) ■$YZI t li {iajgpof "�°� s w °W ti�c,rxc+a*[> l> t i" E: i . AFFIDAVIT OF SERVICE(FHLMC) 1 PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST BY PURCHASE FROM THE PH#799975 FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK DEFENDANT SERVICE TEAM/lxh KEVIN D.BRENNEMAN COURT NO.:13-2642-CIVIL KIM W.BRENNEMAN ` t rn SERVE KIM W.BRENNEMAN AT: TYPE OF ACTION ;Xe– -� 200 S SPRING GARDEN ST XX Notice of Sheriffs Sale C "`- f f).— V- t CARLISLE,PA 17013-2578 SALE DATE: December 4,2013 SERVED ery d and made known to HIM W.BRENNEMAN,Defendant on the4_day of O TOV ;20 3,aV� 3t 00 'clock M.,at `I:� S 1.16' ST ,in the manner described below: ' -� efendant p rsonally served. _Adult family member with whom Defendant(s)reside(s). Relationship is _Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other: i Description: Age 6 Height Weight Race W Sex Other a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S. Sec.4904 relating to unsworn falsification to authorities. DATE: NAME: I ► �y F ,gyp j,e PRINTED NAME: TITLE:��CS�S S C�GC�- NOT SERVED On the_._ of 20_,at o'clock_.M.,I, ,a competent adult hereby state tha 1?Pendant T F 'ecause: _Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP '1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 ,1 PLAINTIFF AFFIDAVIT OF SERVICE(FHLMC) JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, CUMBERLAND COUNTY SUCCESSOR IN INTEREST BY PURCHASE FROM THE PH#799975 FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK DEFENDANT SERVICE TEAM/lxh k... KEVIN B ENNEMAN COURT NO.:13-2642-CIVIL KIM W.BRENNEMAN C✓ to> SERVE KEVIN D.BRENNEMAN AT: 3 200 South Spring Garden Street TYPE OF ACTION Carlisle,PA 17013 XX Notice of Sheriff's Sale - r" ' -A(I-; SALE DATE: December 4,2013 , 'C vo- C SERVED Served and made known to KEVIN D.BRENNEMAN,Defendant on the I day of Cr c�gc-tom 20 o'clock .M.,atSQtRiN� j Defendant personally served. in the manner described below: Adult family member with whom Defendants reside(s). ReIationshipis W A/ Adult in charge of Defendant's residence who refused to give name or relationship. —Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _Other: cS a H ,fi Description: Age�U _ Height '/ S Weight 0 Race w Sex f—Other I,- Ar*h6a)V , a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S. Sec.4904 relating to unworn falsification to authorities. DATE: �v J/// `^G� NAME: PRINTED NAME: TITLE: ?20cczs S tr�gfZ NOTSERVED On the day t 20_,at o'clock_.M.,1, state[hate endant because: a competent adult hereby _Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at at _Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 t 7LUI3 NOV 14- Ali 10: 07 CU BERLF dO COUNTY PENNSYLVANIA Phelan Hallinan, LLP ATTORNEY FOR PLAINTIFF Justin F. Kobeski, Esq., Id.No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 justin.kobeski @phelanhallinan-com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL • Court of Common Pleas ASSOCIATION, SUCCESSOR IN INTEREST BY Civil Division PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER CUMBERLAND County OF WASHINGTON MUTUAL BANK Plaintiff No.: 13-2642-CIVIL VS. KEVIN D. BRENNEMAN KIM W. BRENNEMAN Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 24, 2013 Rule directing the Defendants to show cause as to why Plaintiff s Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. KEVIN D. BRENNEMAN KEVIN D. BRENNEMAN KIM W. BRENNEMAN KIM W. BRENNEMAN 1550 HOLLY PIKE 901 SADLER COURT CARLISLE,PA 17015-9103 CARLISLE,PA 17013-4258 799975 KIM W. BRENNEMAN 200 S SPRING GARDEN ST CARLISLE,PA 17013-2578 Phelan Hallinan, LLP DATE: By: Justin . Ko , s ,Esq.,Id.No.200392 Atto ey for P intiff 799975 1I4 :f�C,_MtLJ COj Jy PLNNS YLVA"4IA Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL • Court of Common Pleas ASSOCIATION, SUCCESSOR IN INTEREST BY • PURCHASE FROM THE FEDERAL DEPOSIT • Civil Division INSURANCE CORPORATION AS RECEIVER • OF WASHINGTON MUTUAL BANK • CUMBERLAND County Plaintiff • No.: 13-2642-CIVIL vs. • KEVIN D. BRENNEMAN KIM W. BRENNEMAN Defendants MOTION TO MAKE RULE ABSOLUTE JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on October 23, 2013. 799975 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on October 11, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule on or about October 24, 2013 directing the Defendants to show cause by November 13, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on November 8, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of November 13, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan, LLP DATE: If l By: J .than Lobb,Esq.,Id.No.312174 Attorney for Plaintiff 799975 • Exhibit "A" 799975 ra?..s,u.+rma?W,'YS!z�-,�--tom.-ta7..vk✓.+� .wF..4 tieea. wue4xt..�ra. .. x M1�r+: :rs .moo e. _ _ PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania October 11`h 2013 KEVIN D. BRENNEMAN KIM W. BRENNEMAN 1550 HOLLY PIKE CARLISLE, PA 17015-9103 RE: JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK v. KEVIN D, BRENNEMAN and KIM W. BRENNEMAN Premises Address: 901 SADLER COURT CARLISLE,PA 17013 CUMBERLAND County CCP,No. 13-2642-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 10/17/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, Allison F 0 cker «cl., 11,No.309519 Attorn" or Plainti- Enclosure 799975 and Phelan Iiallinaa,LLP 00 0 .' , ss 1617 JFK Boulevard,Suite 1400 III 14) " a ider One Penn CentcrPlaza tV ' Phijadctphia,PA 14103, .KVM I 18 ' '':,..:';';'1'...".' x: ,; Article Number I Name'ofAddr o-ee Street and Post OffietAddress Postage ^ . *••• KEVIN D.BRENNEMAN 50.45 I : ;: KIM W.BRENNEMAN ° ' " ' i5S0 HOLLY PIKE . . 0o '::V; CARLISLE,PA 1701' 1113 KEVIN D.BRENNEMAN 50.45 % ; .P As Y 7 e.•. KIM W.BRENNEMAN 1 �Yr�„.. �7 �;:f' 901 SADLER COURT 14; a'a.:F a4. CARLISLE,PA 170I3-1258 •�" f t.a.<: •«*« KIM W.BRENNEMAN 50.45 ;r ; :'.r. KEVIN D.BRENNEMAN ' :J) ,. +4�^7.? 200SSPRING GARDEN ST l�!" sr; CARLISLE,PA 17OIc3,'r3'.lr7$ 1.:A f. •�,: '< RE KEVIN B BRENNEMAN(CUMBERLAND) PH 0 79997511 200 Peke 1 ofI $1.35 . fir, `, ,:,, rrw tuber of Toni Numbererr Prcer POamaitp.Per(Name of TAe fall dm/Esti:00fHLs isewsuared an all domni.vd rulert+Inau) mail This In►:+ $. ;te4 9me, Recrose421 P,Qtn, Re... E KQ9en� i :•,.' try s,y mfloymcl �etl<eremmtivedooeraoneeyaliapie�oa,owne.crrdRE�catR5e7docunnrncs.truuioaMCti:�.. ` •a. ,xi.. ,"xy_,. .,. i�e>aaya:m,tm�oraseonon�..,..,, cc Th.�'mreu �r�m ry.�Mehl ma �05500 ; .::' The=dram i>dernuity payable a 325.00,to repos-e l nut I,seer with r ooal mncaoce.See tboetnc Halal ,I,....:* R900S913ad39 I Rst�rtilrimtor '�.r•:;.a':... 13877 Fatwimile •r":;Its x,L' Vii,.i <0 ;;«':q ft," 1. i9r •. 799975 . Exhibit "B" 799975 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION, SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT Civil Division INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK CUMBERLAND County Plaintiff No.: 13-2642-CIVIL v. KEVIN D. BRENNEMAN KIM W. BRENNEMAN Defendants RULE AND NOW,this . day of 2013, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT A. r, �� l f a J. rn CD C: ti t-„ C 799975 Allison F.Zuckerman,Esq.,Id.No.309519 Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 KEVIN D. BRENNEMAN KEVIN D. BRENNEMAN KIM W. BRENNEMAN KIM W. BRENNEMAN 1550 HOLLY PIKE 901 SADLER COURT CARLISLE,PA 17015-9103 CARLISLE,PA 17013-4258 KIM W. BRENNEMAN KEVIN D. BRENNEMAN 200 S SPRING GARDEN ST CARLISLE,PA 17013-2578 799975 799975 • Exhibit "C" Phelan Hallinan, LLP Justin F. Kobeski,Esq.,Id.No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 justin.kobeski@pbelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION, SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT Civil Division INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK CUMBERLAND County Plaintiff No.: 13-2642-CIVIL vs. KEVIN D. BRENNEMAN KIM W. BRENNEMAN Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 24, 2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. KEVIN D. BRENNEMAN KEVIN D. BRENNEMAN KIM W. BRENNEMAN KIM W. BRENNEMAN 1550 HOLLY PIKE 901 SADLER COURT CARLISLE,PA 17015-9103 CARLISLE,PA 17013-4258 799975 KIM W. BRENNEMAN 200 S SPRING GARDEN ST CARLISLE,PA 17013-2578 Phelan Hallinan, LLP DATE: 1,7 17/87/3 By: Justin/+Ko. "s..4 Esq.,Id.No.200392 Ano 7 ey for P .intiff 799975 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb @phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL • Court of Common Pleas • ASSOCIATION, SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT • Civil Division • INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK • CUMBERLAND County • Plaintiff vs. • No.: 13-2642-CIVIL • KEVIN D. BRENNEMAN KIM W. BRENNEMAN Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. KEVIN D. BRENNEMAN KEVIN D. BRENNEMAN KIM W. BRENNEMAN KIM W. BRENNEMAN 1550 HOLLY PIKE 901 SADLER COURT CARLISLE, PA 17015-9103 CARLISLE, PA 17013-4258 KIM W. BRENNEMAN 200 S SPRING GARDEN ST CARLISLE, PA 17013-2578 Phelan Hallinan, LLP DATE: I I ZZ /.3 By: ./ vie"' Jo i an Lobb, Esq., Id. No.312174 Attorney for Plaintiff 799975 FILED-OFFICE +-'r" THE PROTHONOTARY 2213 DEC -2 PH 2: 26 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL : Court of Common Pleas ASSOCIATION, SUCCESSOR IN INTEREST BY . PURCHASE FROM THE FEDERAL DEPOSIT : Civil Division INSURANCE CORPORATION AS RECEIVER : OF WASHINGTON MUTUAL BANK : CUMBERLAND County Plaintiff No.: 13-2642-CIVIL vs. KEVIN D. BRENNEMAN KIM W. BRENNEMAN Defendants ORDER AND NOW,this Z7'day of Nbr'4" , 2013, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $153,079.36 Interest Through December 4, 2013 $16,174.06 Legal fees $1,875.00 Cost of Suit and Title $1,390.62 Property Inspections $-292.25 Property Preservation $5,467.33 Escrow Deficit $6,546.95 799975 TOTAL $184,825.57 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY T COURT: J. 1es ifrk, f. L0L Kt % J ill 412 799975 .11 Ronny R Anderson Sheriff Jody 5 Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY / pR0-//���'�'' ' APR -1 Ad � n '� ~ CUMS�D/ ��� COUNTY ~ T� cN��y/ , ~'` ' '^K��/A ��� OFPICE OF "Ell 814ERIFF JPMorgan Chase Bank, NA Kevin D. Brenneman (et al.) vs. Case Number 2O13-2642 SHERIFF'S RETURN OF SERVICE 09/ 20/2013 02:55 PM - Deputy Jason Kinsler, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Wr .NoticeandDesurpdon.undQo|eHandbiUinthe above titled action, upon the property located at 901 Sadler Court, Carlisle - Borough, Carlisle, PA 17013, Cumberland County. 10/08/2013 08:07 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Real Estate Writ, Notice and Oeocriphon, in the above titled andon, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Kevin Brenneman, Husband. 1O'8'2O13DLK. who accepted am "Adult Person in Charge" for Kim VV. Brenneman at155O Holly Pike, South Middleton Townohip, Cadis|e, PA 17019. Cumberland County. 10/08/2013 08:07 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Kevin D. Brenneman at 1550 Holly Pike, South Middleton Township, Carlisle, PA 17015, Cumberland County. 12/04/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on December 04, 2013 at 10:00 AM He sold the same for the sum of $1 .00 to Attorney Joseph Schalk, on behalf Federal Home Loan Mortgage Corporation, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $80434 SO ANSWERS, February 12, 2014 RONNYR ANDERSON, SHERIFF (c CourflySute Sheriff, TcIesort, Inc. On September 9, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough Cumberland County, PA, Known and numbered as, 901 Sadler Court, Carlisle, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: September 9, 2013 By: Real Estate Coordinator OS :b V OE 9W 1101 • V8 ONV-0.1381,4110 ..431831-1S 3H1 30 B31330 LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No. 2013 -2642 Civil Term JPMORGAN CHASE BANK, N.A. vs. KEVIN D. BRENNEMAN, Kim W. Brenneman Atty.: Joseph Schalk By virtue of a Writ of Execution No. 13- 2642- CIVIL, JPMORGAN CHASE BANK, N.A. v. KEVIN D. BRENNEMAN, KIM W. BRENNEMAN owner(s) of property situate in CAR- LISLE BOROUGH, CUMBERLAND County, Pennsylvania, being 901 SADLER COURT, CARLISLE, PA 17013 -4258. Parcel No. 04 -22- 0481 -196. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $167,932.53. 27 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 11, October 18 and October 25, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. a Marie Coyn , Editor SWORN TO AND SUBSCRIBED before me this da of October, 2013 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co, ~—^` 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 tlie patriot patriotXews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of PubU'cation. Under Act No. 587 Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphirt} ss Marianne Miller being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. ID I'MLR", 20nuemanoxmTerm JPMORGAN CHASE BANK, NA vs. KEVIN :zBREmmsMum Kim W. Brenneman Afty: Joseph Schalk By virtue of a Writ of Execution mu 13-2642-CIVIL JPMORGAN CHASE BANK, NA v. KEVIN 0. BRENNEMAN KIM W. BRENNEMAN owner(s) of property situatc in CARLISLE BOROUGH, CUMBERLAND County, Pennsylvania, being 901 SADLEoomnT, CARLISLE, PA 17013-4258 Parcel No. w-2z-0m'1m (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: S167,93i53 This ad ran on the date(s) shown below: 10/13/13 10/20/13 10/27/13 Sworn y` dsubao,bodb=ore�mthis11 day of November 2013A.D. ary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington My Commission ���� Expires Dec. z2,aux MEMBER, PENNSYLVANIA ASSOCIATION OFNOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Home Loan Mortgage Corp is the grantee the same having been sold to said grantee on the 4th day of December A.D., 2013, under and by virtue of a writ Execution issued on the 28th day of August, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 2642, at the suit of JPMorgan Chase Bank, NA against Kevin D. Brenneman & Kim W. Brenneman is duly recorded as Instrument Number 201406836. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A-pri I , A.D. (i0l LALL2.2-) y Re order of Deeds Recorderatikeds, Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2018