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Home My WebLink About13-3234 Supreme Court of Pewasylvauia Coin Co - - - - - ��' mm n. Pleas z I � ` S ieet ForProtboirotaty Use Only. Cu be land `v' Count), Docl et Z o: K ' 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 of court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from another Jurisdiction ❑ Declaration of Takin Lead Plaintiff Name: Lead Defendant's Name: JPMORGAN CHASE BANK, N.A. KRIS E. KULP .1; Q ' Are money Damages requested ?: ❑Yes No Dollar Amount Requested within arbitration limits (Check one) _X outside arbitration limits Is this a Class Action Suit? ❑ Yes ® NO Is this an MDJ Appeal? ❑ Yes ® NO A Name of Plaintiff/appellant's Attorney: KML Law Group, P.C. ❑ Check here if you 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 APPEAL ❑ 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 ❑ Zoning Board ❑ Product Liability (does not include ❑Statutory Appeal: Other E mass tort) ❑ Employment dispute: ❑ Slander/Libel Defamation Discrimination ❑ Other ❑ Employment Dispute: Other _ ❑ Other: Q MASS TORT ❑Other ❑ Asbestos ❑ Tobacco ❑ Toxic Tort -DES REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - Implant ❑ Ejectment ❑ Common Law /Statutory ❑ Toxic Waste ❑ Eminent Domain/Condemnation Arbitration $ ❑ Other ❑ Ground Rent ❑ Declaratory Judgment ❑ Landlord/Tenant Dispute ❑ Mandamus ® Mortgage Foreclosure: Residential 11 Non -Domestic Relations PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial Restraining Order ❑ Dental ❑ Partition ❑ Quo Warranto ❑ Legal ❑ Quiet title ❑ Replevin ❑ Medical ❑ Other Professional: ❑ Other ❑ Other r Pa.RC.P. 205.5 Updated 1/1/2011 KML LAW GROUP, P.C. SUITE 5000 - BNY MELLON INDEPENDENCE � � CENTER _ 1 ' # {• + 0 { F E u r 11 701 MARKET STREET i t i �� E �'� R �'1 0 N 0 TA R j PHILADELPHIA, PA 1.9106 (866) 413 -2311 2013 JUN — 6 AM I I : 3 6 WWW.KMLLAWGROUP.COM JPMORGAN CHASE BANK, N.A. C U M B E R L A Q C O M NE COURT OF COMMON PLEAS c/o 3415 Vision Drive PENN LVA N I A Columbus, OH 43219 OF Cumberland COUNTY Plaintiff vs. CIVIL, ACTION - LAW KRIS E. KULP it 13. 107 Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 920 Wertzville Road Enola, PA 17025 +-,IV IL AMON: MORTG" Defendant(s) FOB SIM 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 the 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 claim in the Complaint of 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 OR CANNOT AFFORD ONE, 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 BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717- 243 -9400 AVISO Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de ]a demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decider a favor del demandante y requiere que usted cumpla con todas ]as provisiones de esta demanda. Usted puede perder dinero o sus propiedades a otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO. VAYA EN PERSONA O LLAME �\ POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. am+ ' Ie g- c �3R-.q3 J SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717 - 243 -9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. RESOURCES AVAILABLE FOR HOMEOWNERS IN FORECLOSURE ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243 -9400. 2). Call the Consumer Credit Counseling Agency at 1- 800 - 989 -2227 for free counseling. 3). Visit HUD'S website www.bud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.Dhfa.oriz/consumers/homeowners/real.aWx 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: http: / /www.philadelphiafed oriz/foreclosure/ 7). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1- 866 - 413 -2311 or via email at homeretention&kmllawg_roup com Call Seth at 215- 825 -6329 or fax 215- 825 -6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215- 825 -6318 or Fax: 215- 825 -6418. Please reference our Attorney File Number of 12142417C. Para informacion en espanol puede communicarse con Loretta a1215- 825 -6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is JPMORGAN CHASE BANK, N.A., c/o 3415 Vision Drive, Columbus, OH 43219. 2. The name(s) and property address(es) of the Defendant(s) is /are KRIS E. KULP, 920 Wertzville Road, Enola, PA 17025, who is /are the mortgagor(s) and record owner(s) of the mortgaged premises hereinafter described. 3. On June 27, 2008 mortgagor(s) made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., SOLELY AS NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE INC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County on July 03, 2008 as Instrument # 200822744. The mortgage has been assigned to: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION by assignment of Mortgage recorded on November 08, 2012 as Instrument # 201234692. Plaintiff is the real party in interest pursuant to an Assignment of Mortgage to Plaintiff attached as Exhibit C. The Mortgage is a matter of public record and is incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ( "Property "). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for July 01, 2012 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage as of May 14, 2013: PrincipalBalance ..................................... ............................... ....................$204,838.66 Interest from 06/01/2012 through 04/30/2013 ...................... .....................$11,735.57 AccruedLate Charges ................................ ............................... ......................$1,293.54 PropertyInspections .................................... ............................... ........................$154.00 Escrow .............................................................................. ............................... $2,530.40 Reasonable Attorney's Fee ......................... ............................... ........... ._.........$1.650.00 $222,202.17 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. Plaintiff reserves the right to request additional attorney's fees if the complexity of the action results in fees in excess of the amount demanded. Further, Plaintiff will request recovery of all costs incurred in this action including, but not limited to, costs of suit, process serving and skip tracing, title searches, recording costs and any other costs of the action in accordance with the mortgage documents and applicable law. 8. Plaintiff is not seeking a judgment of personal liability (or an " personam 'judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re- establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose has been sent to Defendants by certified mail, as required by Act 6 of 1974 of the Commonwealth of Pennsylvania, on the date set forth in the true and correct copy of such Notice attached and incorporated as Exhibit `B ". WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $222,202.17, together with interest, costs, fees and charges collectible under the Note and Mortgage including but not limited to attorney's fees and costs, and for the foreclosure and sale of the mortgage property. By: KML LAW GRO , P.C. Michael McKeever Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua 1. Goldman Pa. ID 205047 Jill P. Jenkins Pa. ID 306588 drew F. Gornall Pa. ID 92382 lyk L. Oflazian Pa. ID 312912 Salvatore Filippello Pa. ID 313897 Attorneys for Plaintiff VERIFICATION hereby states that he sh is � t d / 2'S (Alt of JPMORGAN CHASE BANK, N.A. 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 knowledge, information and belief. The undersigned understands that this statement is made subject to penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: J "C�) Name: 1s f Title: i ✓ #121424FC KRIS E. KULP E..x.hibitA ALL THAT CERTAIN lot or piece of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by Gerrit J. Betz Associates, Inc., dated February 14, 1979, as follows, to wit: BEGINNING at a point on the South side of Wertzville Road, said point being 792.86 feet West of the Southwest corner of Magaro and Wertzville Roads; said point also being the western side of Premises now or late of Oppel; thence along the western side of premises now or late of Oppel, South 3 degrees East 165.50 feet to a hub; thence still along said premises of Oppel South 41 degrees 11 minutes East 114.35 feet to a point on the northern side of land now or late of J. F. Rineer; thence along said premises South 54 degrees 17 minutes West 65.50 feet to a corner of premises now or late of Tascher; thence along said premises North 33 degrees 43 minutes 6 seconds West 338.24 feet to a point on the South Side of WertzvilIe Road, aforesaid; thence along the same North 87 degrees East 157.20 feet to the point and place of BEGINNING. HAVING THEREON ERECTED a dwelling known and numbered as 920 Wertzville Road. UNDER AND SUBJECT, nevertheless, to all restrictions, reservations, conditions, covenants, easements and rights of way of prior record. BEING THE SAME PREMISES which Jeffrey A. Brewbaker and Debra L. Brewbaker, husband and wife, by Deed dated December 29, 2006 and recorded January 4, 2007 in the Office i i E.,xhibit �B *Exhibit has been redacted to remove all personally identifiable information or non-public information REPRESENTATION OF PRINTED DOCUMENT Chase (FL5- 7734)u /�' PO BOX 44090 f� A Jacksonville, FL 32231 -4090 December 30, 2011 Return Service Requested 2 -746- 62592 - 0000485 - 001 -01- 010 - 000 -000 -000 KRIS E KULP 920 WERTZVILLE RD ENOLA PA 17025 -1835 Acceleration Warning (Notice of Intent to Foreclose) Account: XXXXXX9983 ( "the Loan") Property Address: 920 WERTZVILLE RD ENOLA, PA 17025 ('the Property") Dear Kris E Kulp: Under the terms of the Mortgage or Deed of Trust ( "Security Instrument ") securing your Loan, JPMorgan Chase Bank, N.A. ( "Chase ") hereby notifies you of the following: 1. You are in default because you have failed to pay the required monthly installments commencing with the payment due 11/0 1 /11. 2. As of 12/30/2011, total monthly payments (including principal, interest, and escrow if applicable), late fees, insufficient funds (NSF) fees, and other fees and advances due under the terms of your loan documents in the total amount of $3,683.95 are past due. This past -due amount is itemized below. If applicable, your account may have additional escrow amounts that have been paid out and are due on the Loan. 3. If you have any questions about the amounts detailed below, please contact us as soon as possible at (800) 848 -9380. Total Monthly Payments $3,405.46 Late Fees $204.49 NSF Fees $0.00 Other Fees* $0.00 Advances* $74.00 Amount Held in Suspense $0.00 *Other Fees and Advances include those amounts allowed by your Note and Security Instrument. If you need additional information regarding any of these amounts, please contact us at the number provided below. You are also responsible for paying any amounts that become due from the date of this letter through the expiration date of 02/01/2012 set forth in Paragraph 4 below. These amounts may include, but are not limited to, taxes, insurance, inspection fees and other fees, as permitted by applicable law. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT If you have any reason to dispute the past -due amount listed above, or if you believe your Loan is current, please contact us at the number provided below. 4. If you are unable to pay your account current within 33 days, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owed on the original amount borrowed will be considered due immediately. If full payment of the amount of default is not made within 33 days, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the sheriff to pay off the mortgage debt. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. 5. You have the right to cure the default, or anyone acting on your behalf, and pay your account current anytime at least one hour prior to the commencement of bidding at a sheriff s sale or other judicial sale, not more than three times in any calendar year. To do so, you must: a) Pay or tender in the form of cash, cashier's check or certified check all sums that would have been due at the time of payment or tender in the absence of default and the exercise of acceleration; b) Perform any other obligation which you would have been bound to perform in the absence of default or the exercise of acceleration; c) Pay or tender any reasonable attorney's fees the reasonable costs of proceeding to foreclosure that were actually incurred up to and including the date the debtor cures the default, as specified in writing by the mortgagee d) Pay any reasonable late penalty, if outlined in the mortgage Action required to cure the default: You must pay the Total Monthly Payments listed in Paragraph 2 within 33 days from the date of this notice in order to cure this default. All late fees, NSF fees, and other fees and advances are still valid and will need to be repaid under the terms of your loan documents. 6. If you fail to cure the default on or before 02/01/2012, Chase will accelerate the maturity of the Loan, terminate your credit line if the Loan provides for revolving advances, declare all sums secured by the Security Instrument immediately due and payable and commence foreclosure proceedings, all without further notice to you. If this happens, Chase will be entitled to collect its expenses incurred in pursuing the remedies provided in the Security Instrument, which may include, but not be limited to, allowable foreclosure /attorney fees and other expenses permitted by your loan documents or applicable law. 7. If permitted by your loan documents or applicable law, you have the right to reinstate after acceleration of the Loan and the right to bring a court action to assert the nonexistence of a default or any other defense to acceleration, foreclosure, and sale. However, the amount required to reinstate may be higher than what is owed under Paragraph 2 above due to additional fees and charges that we are entitled to collect under the Loan, including attorney fees related to any foreclosure action we initiate. 8. Kindly remit the total amount due, shown in Paragraph 2 above, to the remittance address listed below. Please note that Chase policy requires certified funds if two insufficient funds (NSF) payments have been received in the last six months. In this event, Chase will not accept a Direct Check, FastPay or SpeedPay payment. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT Regular Mail: Chase PO Box 78420 Phoenix, AZ 85062 -8420 Overnight Mail: Chase PO Box 78420 1820 East Sky Harbor Circle South Phoenix, AZ 85034 -9700 Except as required by law, we are under no obligation to accept less than the full amount owed. If you send us less than the full amount owed, we may in our sole discretion apply such partial payment to your Loan without waiving any default or waiving our right to accelerate the Loan and continue with foreclosure proceedings in accordance with Paragraph 4 above. 9. If you are unable to pay the amount past due, Chase has a variety of homeowners' assistance programs that might help you resolve your default and keep your home; however, we need to talk with you to discuss these options and determine which of them might be appropriate for your circumstances. Please call us as soon as possible at (800) 848 -9380. 10. While the Loan remains in default, we will perform certain tasks to protect our interest in the Property, including visits to your Property at regular intervals during the default. This will be done to determine, as of the date of the inspection the property condition, occupancy status, and, possibly, your plans for curing the default and paying this Loan on time. You should anticipate that any costs incurred by Chase will be added to the amount you now owe if permitted by your loan documents or applicable law. 11. You have additional rights to help protect your interest in the property. You have the right to sell the property to obtain money to pay off the mortgage debt or to borrow money from another lending institution to pay off this debt. You may have the right to sell or transfer the property subject to the mortgage to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney fees and costs are paid prior to or at the sale (and that the other requirements under the mortgage are satisfied). Contact us to determine under what circumstances this right may exist. You have the right to have this default cured by any third party acting on your behalf. Chase offers homeownership counseling services to borrowers in some areas. Counseling is also available through a variety of nonprofit organizations experienced in homeownership counseling and approved by the Secretary of Housing and Urban Development (HUD). A listing of such organizations may be obtained by calling HUD toll -free at (800) 569 -4287 or at www.hud.gov. Sincerely, Chase (800) 848 -9380 (800) 582 -0542 TDD / Text Telephone www.chase.com Enclosure - Federal Trade Commission Pamphlet INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT IMPORTANT NOTICE TO SERVICEMEMBERS AND THEIR DEPENDENTS If you are a servicemember who is, or recently was, on "active duty" or "active service," or a dependent of such a servicemember, you may be entitled to certain legal rights and protections, including protection from foreclosure or eviction, pursuant to the Servicemembers Civil Relief Act (50 USC App. §§ 501- 596), as amended (the "SCRA ") and, possibly, certain similar state statutes. Eligible service may include: • Active duty (as defined in section 101(d)(1) of title 10, United States Code) with the Army, Navy, Air Force, Marine Corps, or Coast Guard; • Active service with the National Guard; • Active service as a commissioned officer of the National Oceanic and Atmospheric Administration; • Active service as a commissioned officer of the Public Health Service; • Service with the forces of a nation with which the United States is allied in the prosecution of a war or military action; or • Service with the National Guard or a state militia under a state call to duty. Eligible service also includes any period during which a servicemember is absent from duty on account of sickness, wounds, leave or other lawful cause. If you are such a servicemember, or a dependent of such a servicemember, you should contact Chase Military Services toll -free at (866) 840 -5826 to discuss your status. An important reminder for all our customers: As stated in the "Questions and Answers for Borrowers about the Homeowner Affordability and Stability Plan" distributed by the Obama Administration, "Borrowers should beware of any organization that attempts to charge a fee for housing counseling or modification of a delinquent loan, especially if they require a fee in advance." Loan modification scams should be reported to PreventLoanScams.org or by calling (888) 995 - HOPE. Chase offers loan modification assistance free of charge (i.e., no modification fee required). Please call us immediately at (800) 848 -9380 to discuss your options. The longer you delay, the fewer options you may have. Chase is a debt collector. If you are represented by an attorney, please refer this letter to your attorney and provide us with the attorney's name, address and telephone number. To the extent your original obligation was discharged, or is subject to an automatic stay of bankruptcy under Title 11 of the United States Code, this notice is for compliance and /or informational purposes only and does not constitute an attempt to collect a debt or to impose personal liability for such obligation. However, a secured party retains rights under its security instrument, including the right to foreclose its lien. BR840 INTERNET REPRINT E Y , hibit *Exhibit has been redacted to remove all personally identifiable information or non-public information 3�G r j Prepared By / Return To: E.Lance/NTC, 2100 Alt. 19 North, Palm Harbor, FL 34683 (800)346 -9152 Loan #)0983 003KKN Tax Code/PIN/L1PI #: 09- 14- 0836-140 1 111611 �Ilf Ilflf 11116 11111111111111111111111111111111111111 . ASSIGNMENT OF MORTGAGE Contact JPMORGAN CHASE BANK, N.A. for this instrument 780 Kansas Lane, Suite A, Monroe, LA 71203, telephone # (866) 756 -8747, which is responsible for receiving payments. FOR GOOD AND VALUABLE CONSIDERATION, the sufficiency of which is hereby acknowledged, the undersigned, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC., ITS SUCCESSORS AND ASSIGNS PO BOX 2026, FLINT, MI, 48501 (MERS Address: 1901 E Voorhees Street, Suite C, Danville, IL 61834) by these presents does convey, grant, assign, transfer and set over the described Mortgage therein to ether with all interest secured thereby, all liens, and any rights due or to become due thereon to JPMORGAN C SE BANK, NATIONAL ASSOCIATION, WHOSE ADDRESS 1 ADDRESS IS 700 KANSAS LANE, MC 8000, MONROE, LA 71203 (866)756 -8747, ITS SUCCESSORS OR ASSIGNS, (ASSIGNEE). Said Mortgage is dated 0627/2008, in the amount of $215,706.00, made by KRIS E. K JLP to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC., recorded on 07/03/2008, in the Office of the Recorder of Deeds of CUMBERLAND County, Pennsylvania, in Book n/a, Page n/a, and/or Document # 200822744. . Property is commonly known as: 920 WERTLVII -LB ROAD TWP. OF EAST PENNSBORO, ENOLA, PA 17025. Dated on /J2012 (MM/DD/YYYY) MORTGA GE — ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC., ITS SUCCESSORS AND ASSIGNS 1 By: ASST. SECRETARY PAGE 1 JPCAS 17930842 -@ CHASE CJ4296408 Nl MIN 100146401043006736 MERS PHONE 1- 888 - 679 -6377 T1012103916 [C] FRMPA1 l 111111 111111111111111 Illll Illil 11111 Illll IIII IIII _ 17930842# V . -I .. t Loan #: W983 111111[ 1111111[11 IIll1 ill(I 11111 IIIII 11IIi 11111 [1111 I1fI III( STATE OF LO 0 PARISH OF OUACH On � /_/2012 (MM/DD/YYYI�, before � me appeared to me personally ]mown, who did say that he/she/they is /are the ASST. SECRETARY of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC., ITS SUCCESSORS AND ASSIGNS and that the instrument was signed on behalf of the corporation (or association), by authority from its board of directors, and that he/she/they acknowledged the instrument to be the free act and deed of the corporation (or association).� ° Notary Public - State of LOUISIANA ` Commission expires: Upon My Death;,;;' Assignment of Mortgage from: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC., ITS SUCCESSORS AND ASSIGNS PO BOX 2026, FLINT, MI, 48501(MERS Address: 1901 E Voorhees Street, Suite C, Danville, IL 61834) to: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, WHOSE ADDRESS IS 700 KANSAS LANE, MC 8000, MONROE, LA 71203 (866)756 -8747, ITS SUCCESSORS OR ASSIGNS, (ASSIGNEE) Mortgagor: KRIS E. KULP When Recorded Return To: JPMorgan Chase Bank, NA C/O NTC 2100 Alt. 19 North Palm Harbor, FL 34683 All that certain lot or piece of ground situated in Mortgage Premise: 920 WERTZV ROAD TWP. OF EAST PENNSBORO ENOLA, PA 17025 CUMBERLAND (Borough or Township, if stated), Commonwealth of Pennsylvania. Being more particularly described in said mortgage. I, — _I% i g . , hereby certify that the below information and address for the assignee are correct: JPMORG 4 N CHASE BANK, NATIONAL ASSOCIATION, WHOSE ADDRESS IS 700 KANSAS LANE, MC 8000, MONROE, LA 71203 (866)756 -8747, ITS SUCCESSORS OR ASSIGNS, (ASSIGNEE) By: ASST. SECRETARY PAGE 2 *17930842* J'PCAS 17930842 -@ CHASE CJ4296408 NI MIN 100146401043006736 MERS PHONE 1- 888 -679 -6377 T1912103916 [C] FRMPAI 1111111 IN IN 11111111111111111111111111111 IN *17930842* ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY' 1 COURTHOUSE SQUARE CARLISLE, PA 17013 f = - 717- 240 -6370 1 _ Instrument Number - 201234692 Recorded On 11/8/2012 At 12 :54:26 PM * Total Pages - 3 * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 121720 User ID - JM * Mortgagor - KULP, KRIS E * Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC * Customer - NATIONWIDE TITLE CLEARING * FEES STATE WRIT TAX $0.50 Certification Page STATE JCS /ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 This page is now part FEES of this legal document. COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 I Certify this to be recorded in Cumberland County PA 4 CF aU/he� c 9 �0 RECORDER O D tfso * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 003KM (II IIIIIIIIIII Ili III VIII III IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, N.A. Plaintiff vs. Case No. U/ KRIS E. KULP Defendant(s) 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 a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a fmancial 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 an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take 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 requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable 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. c.� Respec lly submitted: -' M EE C_ rn ignature dYCounsel for Plaintiff) �» rn C N1. C3 Date o �3 c-, Cumberland County Residential Mortgage Foreclosure Diversion Program Date Financial Worksheet Cumberland County Court of Common Pleas 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 fdllowing information to the best of your knowledge: A APPLICANT Borrower name(s): Property Address; - -- City: State: -- - Zip: Is the property for sale? Yes. Q No ❑ Listing date; — Price. S Realtor Name: Realtor Phone: Borrower Occupied? Yes No Mailing Address (if different): City: m State: Zip: Phone Numbers: Hoe: Office: Ceti: Other: 1✓mail: # of people in household: How Tong? Mailing Address; Cit State: Zip: Phone Numbers: Home: Office: — Email: - Cell: Other: - # ofpeople in household: _ How long? First. Mortgage Lender: Type of Loan: Loan Number; Date You Closed `Sfotir Loan. Second Mortgage Lender: Type of Loan: Loan Number: - Total Mortgage Payments Amount: $ Included Takes & Insurancce: 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 A rnmmt Owed Value: Lorne: — - Other Real Estate: -- Retirement Funds; $ Investments: - Checking: $ $ Savings: $ $ Other - Automobile #1: Model: Y Amount owed: Value: Automobile #2 : Model: l ea: 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): I. -- monthly amount: 2. monthly amount: Borrower Pay bays: -- Co- Borrower Pay pays: Monthly Expenses: (Please only include expenses you are currently paying) ENFENSE - AIviOUNT EXPENSE AMOUNT Mortgage Food 2 Mortgage Utilities -- Car Pa ens Condo&eio. Fees Auto Insurance Mod. not covered Auto fuel/repairs Other prop. payment Install. Loan Pa ment Cable TV Child Su rt/Alim. S nding Mone Pa /Child CareiTuit. I Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? If yes, please provide the following information: Counseling Agency: Counselor: Phone.(Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (I4EMAP) assistance? Ycs� n No[) If yes, Tease indicate the stattas of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No El If yes, please indicate the status of those negotiations: Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: Yee, authorize the above named to uselrefor this information to my lenderlservicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that IJwe atnVare under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: �f Proof of income Past 2 bank statements YYY;; Proof of any expected income for the last 45 days Y Copy of a current utility bill Y fetter explaining reason for delinquency and any supporting documentation r (hardship letter) Y Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY , Ronny R Anderson Sheriff THONOT,"O"� fit OF THE pRO Jody S Smith JU 2013 Chief Deputy N 20 P- 3- 19 t Richard W Stewart CUMBERLAND COUNTY Solicitor 0MCE OF rHE 1,mERIPP PENNSYLVANIA JPMorgan Chase Bank, N.A. V& Case Number Kris E Kulp 2013-3234 SHERIFF'S RETURN OF SERVICE 0611012013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Kris E Kulp, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 920 Wertzville Road, East Pennsboro, Enola, PA 17025. Residence is vacant and the Enola Postmaster informed this office that mail is still delivered to the address given, SHERIFF COST: $44.95 SO ANSWERS, June 14, 2013 RbNKY R ANDERSON, SHERIFF (C)CountySuite Sheriff,Tclemft,Inc. KML, Law Group, P.C. SUITE 5000—BNY INDEPENDENCE CENTER IN THE COURT OF COMMON PLEAS 701 MARKET STREET PHILADELPHIA,PA 19106-1532 OF Cumberland COUNTY (215)627-1322 CIVIL ACTION-LAW ATTORNEY FOR PLAINTIFF JPMORGAN CHASE BANK,N.A. ACTION OF MORTGAGE c/o 3415 Vision Drive FORECLOSURE Columbus,OH 43219 Term Plaintiff No. 13-3234 CIVIL vs. KRIS E.KULP 920 Wertzville Road Enola,PA 17025 Defendant(s) PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above ca ptioned matter. < C`. l By: KML LAW GROUP,P.C. Michael McKeever Pa. ID 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa.ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa.ID 27615 Jay E.Kivitz Pa. ID 26769 0oshua'-11 P.Jenkins Pa. ID 306588 1. Goldman Pa. 205047 yk L. Oflazian Pa. ID 312912 Attorneys for Plaintiff IT SHERIFF'S OFFICE OF CUMBERLAND COUNTY f '11: Ronny R Anderson ,- 119 _�;^r 4 Sheriff 0,41a, Jody S Smith ^• , Chief Deputy ' Richard W Stewart Solicitor cygr PENS YL!'A A JPMorgan Chase Bank, N.A. Case Number vs. 2013-3234 Kris E Kulp SHERIFF'S RETURN OF SERVICE 09/20/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Kris E Kulp, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 242 W. Columbia Road, East Pennsboro, Enola, PA 17025. Per current resident Andrew Ressler, he has never heard of the defendant. Put in for a post office check -per USPS, they are unable to forward mail. SHERIFF COST: $49.95 SO ANSWERS, September 20,2013 RONNK ANDERSON, SHERIFF (c)CountySuite Sheriff.Teleosoft,Inc. KM ` � ft L Law Group,P.C. i `'t' ti'u!#u O TA is Suite 5000-BNY Independence Center 701 Market Street 'I S : Philadelphia,PA 19106-1532 fit 31I h� t�ND COUNTY 215-627-1322 Attorney for Plaintiff MANIA JPMORGAN CHASE BANK,N.A. c/o 3415 Vision Drive IN THE COURT OF COMMON PLEAS Columbus, OH 43219 vs. OF Cumberland COUNTY KRIS E. KULP 920 Wertzville Road Enola,PA 17025 No. 13-3234 CIVIL THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT.ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. MOTION FOR SUBSTITUTED SERVICE UNDER PA.R.C.P. 430(a) Plaintiff, by and through its attorney, in support of its Motion for Substituted Service, represents as follows: 1. Plaintiff is the holder of a mortgage upon the premises 920 Wertzville Road, Enola, PA, 17025,hereinafter,the "mortgaged premises". 2. Defendant,KRIS E. KULP, is the mortgagor and real owner of the mortgaged premises. 3. Pursuant to Cumberland County Local Rule 208.3(a)(2) and/or Rule 208.3(a)(9),I Alyk Oflazian, Esquire hereby certify that no judge has ruled on any other matters in this case. I further certify that I am not aware that the Defendant has obtained counsel. Moreover, due to the nature of this motion, it was not possible to locate or contact the Defendant to request his concurrence. 4. The last known addresses of Defendant,Kris E.Kulp, are 920 Wertzville Road,Enola, PA 17025 and 242 West Columbia Road, Enola,PA 17025 from our investigative search. 5. The Sheriff has been unable to effect service of the Complaint upon Defendant,Kris E. Kulp. Service was attempted on Defendant,Kris E. Kulp at the mortgaged premises 920 Wertzville Road, Enola, PA 17025. The return of service indicates Defendant,Kris E. Kulp was not found at said address at the property is vacant. Per the Enola Postmaster mail is still being delivered to said address for Defendant,Kris E. Kulp. Service was attempted on Defendant, Kris E. Kulp at 242 West Columbia Road,Enola,PA 17025. The return of service indicates per the current resident,Andrew Ressler Defendant, Kris E. Kulp is unknown at said address. 6. The following investigation was conducted in a good faith attempt to ascertain the whereabouts of Defendant,Kris E. Kulp. WHEREFORE, Plaintiff prays that the Court enter the attached order allowing Plaintiff to serve the Complaint upon Defendant,Kris E.Kulp,by posting the premises and certified and regular mail to the Defendant's last known address. By: 7. G KM LA GROUP, P.C. Michael McKeever Pa. ID 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 VIP.P.Jenkins Pa. ID 306588 yk Oflazian Pa. ID 312912 Attorneys for Plaintiff Affidavit of Good Faith Investigation At the request of the law firm identified below I initiated an investigation into the whereabouts of the defendant identified as the subject below. The following is true and accurate representation of my investigation. Client provided information: File Number: 121424FC Attorney/Law Firm:KML LAW GROUP, P.0 Subject Name:KRIS E. KULP Property Address: Street: 920 Wertzville Road City: Enola State: PA Zip: 17025 Skip Results: Date of Birth:ellin ProVest File Number: 3694466 Last Known Address(as of 7/2/2013)Street:920 Wertzville Rd City: Enola State: PA Zip: 17025 Death Record Search As of 07/02/2013,the Social Security Administration has no death record on file for Kris E Kulp Social Security Number [X]Verifed []Not Verified Employment Search During a search for employment of our defendant no employment information was provided prior to the investigation or found during the Investigation. Business Records Search No business records found. Creditor Header Inquiry The latest address from the credit header info is: Address:920 WERTZVILLE RD, ENOLA, PA 17025 1835 Department of Motor Unable to obtain Motor Vehicle Records in the State of Pennsylvania. Vehicle Records Search* Drivers License Information Search License 1: []Govemmental*`+ Name: KRIS E KULP [X]Non-governmental State ame: Pennsylvania Address:242 W COLUMBIA RD, ENOLA, PA 17025 2207 Non Governmental:Y Issue Date: No issue date reported. Expiration Date: No expiration date reported. Date Range: 1/1993-6/2012 Professional Licenses Search No current records found. Freedom Of Information Act Inquiry The following addresses were sent to the United States Postal Made to U.S. Postal Service inspector at the zip code listed with no return information to date: 920 WERTZVILLE ROAD I ENOLA PA I 17025 I CUMBERLAND COUNTY Military Search Not on Active Duty; Did not leave Active Duty within the past 367 days; Has not been notified of a future call up to Active Duty Inquiry of Relatives, 717-444-0088: Spoke with possible relative, Yvonne Schroff, does not Neighbors,&Friends know defendant. No additional phone listings found for possible relatives. 717-623-4404: Spoke with possible neighbor, Eric Alan Eperjesi, does not know defendant. 717-732-2294: Called possible neighbor, Donald R Sheaffer, answering machine answered, no message left. Comments: 717-732-6319: Called possible number of defendant, Kris E Kulp, number has been disconnected. 717-418-7675: Called possible mobile phone number of defendant, Kris E Kulp, a ger eric answering machine answered, no message left. `Data not available in AL,AR,CA,HI,NH,OR,PA,VA,WA.**His. rical data in CO,DE,ID,IL,KY,LA,MD,MA,MS,MO,NH,ND, SC,WV. +Data available in CO,CT,DE,FL,ID,IL,KY,LA,ME,MD,MA,MI,MN,MS,MO,NH,ND,OH,SC,TN,TX,WV,WI,WY. The foregoing statement is true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Under penalties of perjury,I declare that I have read the foregoing affidavit and that -facts stated in it are true. STATE OF FLORIDA ��._�_ COUNTY OF HILLSBOROUGH JUL 0 3 2013 Cassey Hanks " .t File Number:3694466 Sworn to or affirmed and signed before me on this_day of , Provest Services LLC (Seal) Date: • -3-13 , JOSHUA N.PIMENTEL r",.t notary Publ:c,State of Florida My Comm.Expires May 24,2015 Signature of NO blic No.EE 97050 __ .._\__— J Printed Name of Notary Public ersonally Known ( )Produced as identification • SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Sheriff „�,,ilL C:I�fi,rrr Jody S Smith `' "a Chief Deputy y= x Richard W Stewart Solicitor or sKERIFP JPMorgan Chase Bank, N.A. Case Number vs. Kris E Kulp 2013-3234 SHERIFF'S RETURN OF SERVICE 06/10/2013 Ronny R Anderson,Sheriff, being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit: Kris E Kulp, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 920 Wertzville Road, East Pennsboro, Enola, PA 17025. Residence is vacant and the Enola Postmaster informed this office that mail is still delivered to the address given. SHERIFF COST: $44.95 SO ANSWERS, June 14, 2013 RONNK ANDERSON, SHERIFF icf CounL SuiLe Sher,f.Toleos,fi.Inc I 20-12.11 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 4tttttp 01 i=uurrrfy�l�� Jody S Smith Chief Deputy Richard W Stewart >y Solicitor oFFIcE QF TKE 41-tEF:IFF JPMorgan Chase Bank, N.A. Case Number vs. Kris E Kulp 2013-3234 SHERIFF'S RETURN OF SERVICE 09/20/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Kris E Kulp, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 242 W. Columbia Road, East Pennsboro, Enola, PA 17025. Per current resident Andrew Ressler, he has never heard of the defendant. Put in for a post office check -per USPS,they are unable to forward mail. SHERIFF COST: $49.95 SO ANSWERS, September 20,2013 RON R ANDERSON, SHERIFF (c)CountySutte Sheriff,Teleosoft,Inc. KML Law Group,P.C. Suite 5000-BNY Independence Center 701 Market Street Philadelphia,PA 19106-1532 215-627-1322 Attorney for Plaintiff JPMORGAN CHASE BANK,N.A. c/o 3415 Vision Drive Columbus, OH 43219" IN THE COURT OF COMMON PLEAS vs. OF Cumberland COUNTY KRIS E. KULP 920 Wertzville Road Enola,PA 17025 No. 13-3234 CIVIL MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUBSTITUTED SERVICE UNDER Pa.R.C.P. 430(a) Plaintiff has filed a Complaint in Mortgage Foreclosure against Defendant,Kris E. Kulp, which the Sheriff has been unable to personally serve upon Defendant,Kris E.Kulp. As noted in the attached Motion,Plaintiff has made a good faith attempt to ascertain Defendant's whereabouts without success. Accordingly,the Court may approve alternative means of service. See Pa.R.C.P. 430(a). CONCLUSION For reasons stated above and in the attached Motion,the Court should enter an order allowing Plaintiff to serve the Complaint in Mortgage Foreclosure upon Defendant, Kris E. Kulp, by posting the premises and certified mail and regular mail to the Defendant's last known address. By: KML LAW G OUP, P.C. Michael McKeever Pa. ID 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 fill P. Jenkins Pa. ID 306588 � lyk Oflazian Pa. ID 312912 Attorneys for Plaintiff at in w meLx KML Law Group,P.C. Suite 5000-BNY Independence Center 701 Market Street Philadelphia,PA 19106-1532 215-627-1322 Attorney for Plaintiff JPMORGAN CHASE BANK,N.A. c/o 3415 Vision Drive IN THE COURT OF COMMON PLEAS Columbus, OH 43219 of Cumberland County vs. KRIS E.KULP 920 Wertzville Road No. 13-3234 CIVIL Enola,PA 17025 CERTIFICATE OF SERVICE Marlene Powers, an employee of KML Law Group, P.C., counsel for plaintiff, does hereby certify that true and correct copies of the foregoing Motion for Substituted Service have been served upon the Defendant, Kris E. Kulp thi /14 b? ay of October 2013, by first class mail, postage prepaid. KRIS E. KULP 242 WEST COLUMBIA ROAD ENOLA, PA 17025 KRIS E. KULP 920 Wertzville Road Enola, PA 17025 By: KML Law Group, P.C. Marlene Powers, Legal Secretary Direct Phone: 215-825-6340 JPMORGAN CHASE BANK,N.A. IN THE COURT OF COMMON PLEAS c/o 3415 Vision Drive Columbus, OH 43219 OF Cumberland COUNTY vs. KRIS E. KULP 13-3234 CIVIL 920 Wertzville Road Enola,PA 17025 ORDER AND NOW,this 36 7.61, day of a M 013,upon consideration of the Plaintiffs Motion for Substituted Service under Pa.R.C.P. 430(a)and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendant,Kris E. Kulp,have been unsuccessful, it is, ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Complaint in Mortgage Foreclosure upon Defendant,Kris E. Kulp, by posting a copy of the Complaint upon the premises 920 Wertzville Road,Enola, PA, 17025, and Plaintiff is directed to serve the Complaint by certified and regular mail to the Defendant's last known addresses at 920 Wertzville Road,Enola,PA 17025 and 242 West Columbia Road,Enola, PA 17025,and that all further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendant,Kris E.Kulp,by sending copies of same to Defendant's last known addresses by certified and regular mail and by posting the premises. Service is complete upon mailing. f,.3 BY THE COURT: , '� Zra/C tea{ J. .. .��. Distribution list: > n chael T. McKeever, Esquire, Suite 5000—BNY Independence Center, 701 MarketStree; Philadelphia, PA 19106-1532 KRIS E. KULP, 242 W. COLUMBIA ROAD ENOLA, PA 17025 ecyiks Lcc, long/f3 1 KML Law Group, P.C. �';' iU :; SUITE 5000—BNY INDEPENDENCE CENTER 2013 OCT 17 AM 11: 04 701 MARKET STREET PHILADELPHIA,PA 19106-1532 CUMBERLAND COUNTY (215)627-1322 PENNSYLVANIA ATTORNEY FOR PLAINTIFF JPMORGAN CHASE BANK,N.A. c/o 3415 Vision Drive IN THE COURT OF COMMON PLEAS Columbus,OH 43219 OF Cumberland COUNTY Plaintiff CIVIL ACTION-LAW vs. ACTION OF MORTGAGE FORECLOSURE KRIS E. KULP 920 Wertzville Road Term EnoIa, PA 17025 No. 13-3234 CIVIL Defendant(s) PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. 7 By: KML LA GROUP,P.C. Michael McKeever Pa. ID 56129 Lisa Lee Pa.ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jay E.Kivitz Pa. ID 26769 Jill P.Jenkins Pa. ID 306588 V shua I.Goldman Pa. 205047 o Alyk L. Oflazian Pa. ID 312912 Attorneys for Plaintiff 411 Inpcl 61 4'1 e tit 7sO3?/ ., A Moog • KML Law Group, P.C. Suite 5000-BNY Independence Center 2013 OCT 28 Phi 3: 27 701 Market Street CUMBERLAND COUr T�, Philadelphia,PA 19106-1532 PENNSYLVANIA 215-627-1322 Attorney for Plaintiff JPMORGAN CHASE BANK,N.A. do 3415 Vision Drive IN THE COURT OF COMMON Columbus, OH 43219 PLEAS OF Cumberland COUNTY vs. CIVIL ACTION-LAW KRIS E. KULP Mortgagor(s) ACTION OF MORTGAGE 920 Wertzville Road FORECLOSURE Enola,PA 17025 Defendant(s) Term No. 13-3234 CIVIL CERTIFICATE OF SERVICE ,) The undersigned, on behalf of Plaintiff,hereby certifies that on I C/ - 3" (3 he did serve upon Defendant(s)KRIS E. KULP a true and correct copy of the above-captioned Complaint by certified and regular mail in accordance with the Court Order dated October 7th 2013 . The undersigned understands that the statements herein and subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, By: Y KML Law Group,P.C. Nick Barone,Legal Assistant NBarone@kmllawgroup.com 215-825-6365 (Direct Phone) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff o , at Coilititei JodySSmith x, rn1 23 Chief Deputy Richard W Stewart � Solicitor ocrcF _ .b. '{/ ~` JPMorgan Chase Bank, N.A. Case Number vs. Kris E Kulp 2013-3234 SHERIFF'S RETURN OF SERVICE 10/18/2013 01:40 PM- Deputy Brian Grzyboski, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named Defendant, to wit: Kris E Kulp, pursuant to Order of Court by"Posting"the premises located at 920 Wertzville Road, East Pennsboro, Enola, PA 17025 with a true _ d correct copy acc' •' g to law. J":RIAN GRZYB•.KI,�% "j /� �� SHERIFF COST: $50.95 SO ANSWERS, October 21, 2013 RONNY ANDERSON, SHERIFF In the Court of Common Pleas of Cumberland County JPMORGAN CHASE BANK,N.A. c/o 3415 Vision Drive Columbus,OH 43219 Plaintiff No. 13-3234 CIVIL vs. KRIS E. KULP (Mortgagor(s)and Record Owner(s)) � 920 Wertzville Road C.- Cam, Enola,PA 17025 ri Defendant(s) r-7- PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLE&T-A DE$T OWED TO OUR CLIENT.ANY INFORMATION OBTAINED FROM YOU WILL BE USED FdR1 HE'PURPaSE OF COLLECTING THE DEBT. _4 Enter the Judgment in favor of Plaintiff and against KRIS E. KULP by default for want of an Answer. Assess damages as follows: $222,202.17 Debt Interest from 5/1/2013 to Date of Sale per diem at$35.08 Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record,if any,after the default occurred and at least ten days prior to the date of the filing of this praecipe.A copy of the notice is attached.R.C.P.237. By: KML LAW GROUP,P.C. _Michael McKeever Pa.ID 5 2 _Jay E.Kivitz Pa.ID 26769 _Lisa Lee Pa.ID 78020 Kristina Murtha Pa.ID 61858 _David Fein Pa.ID 82628 _Thomas Puleo Pa.ID 27615 _Joshua I.Goldman Pa.205047 _Jill P.Jenldns Pa.ID 306588 Andrew F.Gomall Pa.ID 92382 ^.Attorneys for Plaintiff �AND NOW LALgj �J /Ie"' (�I Judgment is entered in favor of JPMORGAN CHASE B K,N.A.and gainst KRIS E. KULP by defz��lr fozwantf� g� � assessed in the sum of$222,202.17 as per the above certification. ,r y d KK 7SZ4-9 y Rule of Civil Procedure No.236—Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY,PENNSYLVANIA CIVIL ACTION-LAW JPMORGAN CHASE BANK,N.A. c/o 3415 Vision Drive Columbus,OH 43219 Plaintiff No. 13-3234 CIVIL vs. KRIS E. KULP (Mortgagors and Record Owner(s)) 920 Wertzville Road Enola,PA 17025 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT.ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. David D.Buell Prothonotary of Cumberland County 1 Courthouse Square Carlisle,PA 17013 Prothonotary ! By. Deput If you have any questions concerning the above,please contact: KNM Law Group,P.C. Suite 5000—BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 ... ... .. 124919FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT.ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: January 3-,2014 TO: KRIS E.KULP KULP,KRIS E. 920 Wertzville Road Enola,PA 17025 In the Court of JPMORGAN CHASE BANK,N.A. Common Pleas c/o 3415 Vision Drive of Cumberland County Columbus,OH 43219 Plaintiff vs. CIVIL ACTION-LAW KRIS E.KULP (Mortgagor(s)and Record Owner(s)) Action of 920 Wertzville Road Mortgage Foreclosure Enola,PA 1.7025 No. 13-3234 CIVIL Defendant(s) TO: KRIS E.KULP 920 Wertzville Road Enola,PA 17025 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 (10) 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle,PA 17013 i I LEGAL SERVICES INC ! 8 Irvine Row Carlisle,PA 17013 717-243-9400 By: KML LAVOGROUP,P.C. Michael McKeever Pa.ID 56129 Lisa Lee Pa.ID 78020 Kristina Murtha Pa.ID 61858 David Fein Pa.ID 82628 Thomas Puleo Pa.ID 27615 Jill P.Jenldns Pa.ID 306588 ! rAlyk L.Oflazian Pa. ID 312912 Salvatore Filippello Pa.ID 313897 Michael J.Coskey Pa iD 311835 215-627-1322 Attorneys for Plaintiff _........ .. . _.._.-. . ---- _.. ----------- ..... . 124919FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT.ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: January 3,2014 TO: KRIS E.KULP KULP,KRIS E. 242 W.COLUMBIA ROAD ENOLA,PA 17025 j In the Court of j JPMORGAN CHASE BANK,N.A. Common Pleas c/o 3415 Vision Drive of Cumberland County Columbus,OH 43219 Plaintiff VS. CIVIL ACTION-LAW KRIS E.KULP (Mortgagor(s)and Record Owner(s)) Action of 920 Wertzville Road Mortgage Foreclosure Enola,PA 17025 No. 13-3234 CIVIL Defendant(s) I TO: KRIS E.KULP 242 W.COLUMBIA ROAD ENOLA,PA 17025 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 (10) 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle,PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle,PA 17013 -_ 717-243-9400 L� By: KML LAW G OUP,P.C. Michael McKeever Pa.ID 56129 Lisa Lee Pa.ID 78020 Kristina Murtha Pa.ID 61858 David Fein Pa.ID 82628 Thomas Puleo PA.ID 27615 Jill P.Jenkins Pa.ID 306588 _-Alyk L.Oflazian Pa.1D 312912 Salvatore)F'ilippello Pa.ID 313897 Michael J.Coskey Pa ID 311835 215-627-1322 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,N.A. Plaintiff vs. KRIS E.KULP NO. 13-3234 CIVIL Defendant(s) VERIFICATION OF NON-MILITARY SERVICE UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT AS AMENDED 1. The undersigned attorney with KML Law Group, P.C., as the representative for the Plaintiff in the above entitled matter,does hereby state to the best of his/her information and belief, as follows: 2. That an inquiry has been made-with the Defense Manpower Data Center ("DMDC") website operated by the United States Department of Defense (https://www.dmdc.osd.mil/appj/scra/scraHome.do) for the following individual(s): KRIS E. KULP, has a last known residence of 920 Wertzville Road, Enola, PA 17025 and 242 W. Columbia Road,Enola,PA 17025. The following information was used to search the DMDC(check all that apply): X Last Name X First Name X Social Security Number 3. The DMDC search results, a copy of which is attached, states that based on the information provided, the DMDC does not possess any information indicating that the individual is on active duty or has been on active duty within the last 367 days. The undersigned understands that the statements herein are made subject to penalties of 18 Pa. C.S.A.4904 relating to unsworn falsification to authorities. Date � ( y By: KML LAW GROUP,P. Michael McKeever Pa. 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jay Kivitz Pa. ID 26769 Andrew Gornall Pa. ID 92382 Joshua I. Goldman Pa. ID 205047 A Salvatore Filippello Pa. ID 313897 Jill P.Jenkins Pa. ID 306588 Alyk L. Oflazian Pa.ID 312912 Attorneys for Plaintiff Department of Defense Manpower Data Results as of Jan-15-201411:22:16 Center SCRA 3.0 a Pursuant to Servicemembers Civil.?Belief Act Last Name: KULP First Name: KRIS Middle Name: E. Active Duty Status As Of: Jan-15-2014 � . 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 Da s 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 prece6ing 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 histher,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 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:hftp://www.defenselink.mil/faq/pis/PC09SLDR.htm]. 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: G62DQB4DJ02BODO KML Law Group,P.C. Suite 5000—BNY Independence Center 701 Market Street Philadelphia,PA 19106 215-627-1322 Attorney for Plaintiff JPMORGAN CHASE BANK,N.A. c/o 3415 Vision Drive IN THE COURT OF COMMON PLEAS Columbus,OH 43219 Plaintiff of Cumberland County vs. KRIS E. KULP CIVIL ACTION LAW (Mortgagor(s)and Record owner(s)) 920 Wertzville Road Enola,PA 17025 ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 13-3234 CIVIL ORDER FOR JUDGMENT Please enter Judgment in favor of JPMORGAN CHASE BANK,N.A.,and against KRIS E. KULP for failure to file an Answer in the above action within(20)days from the date ot service the Complaint in the sum of$222,202.17. IF By: N• KML LAW GROU C. Michael McKeever Pa.ID 56129 Jay E. Kivitz Pa.ID 26769 Lisa Lee Pa.ID 78020 Kristina Murtha Pa.ID 61858 David Fein Pa.ID 82628 Thomas Puleo Pa.ID 27615 Joshua 1.Goldman Pa.205047 Jill P.Jenkins Pa.ID 306588 Andrew F.Gornall Pa.ID 92382 Attorneys for Plaintiff xSal,,otftrt' r l jfpiett o 3t 391 7'I hereby certify that the above names are correct and that the precise residenc rss of the judgment creditor is JPMORGAN CHASE BANK,N.A.c/o 3415 Vision Drive Columbus,OH 43219 and that the name(s)and last known address(es)of the Defendant(s)is/are KRIS E. KULP,920 Wertzville Road Enola,PA 17025; 242 W. Columbia Road, Enola,PA 17025 Y' KML LAW GROUP,P.Vlf Michael McKeever Pa.I 5 129 Jay E. Kivitz Pa.ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa.ID 61858 David Fein Pa.ID 82628 Thomas Puleo Pa.ID 27615 Joshua 1.Goldman Pa.205047 Jill P.Jenkins Pa.ID 306588 Andrew F. Gornall Pa.ID 92382 Attorneys for Plaintiff x Sal L4.+C7n � .. ,(� to P ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $204,838.66 Interest from 06/01/2012 through $11,735.57 04/30/2013 Reasonable Attorney's Fee $1,650.00 Accrued Late Charges $1,293.54 Property Inspections $154.00 Escrow $2,530.40 $0.00 $222,202.17 By: KML LAW GROUP, Michael McKeever Pa.ID 56129 Jay E. Kivitz Pa.ID 26769 Lisa Lee Pa.ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa.ID 82628 Thomas Puleo Pa.ID 27615 Joshua I. Goldman Pa.205047 Jill P.Jenkins Pa.ID 306588 Andrew F.Gornall Pa.ID 92382 Attorneys for Plaintiff. t AND NOW,this of J 2014 damages are assessed above. Y �C.� hy� 13-3234 CIVIL/124919FC S s PRAECIPE FOR WRIT OF EXECUTION- (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 KML Law Group,P.C. Suite 5000-BNY Independence Center 701 Market Street Philadelphia,PA 19106 215-627-1322 Attorney for Plaintiff JPMORGAN CHASE BANK,N.A. c/o 3415 Vision Drive Columbus,OH 43219 IN THE COURT OF COMMON PLEAS Plaintiff VS. of Cumberland County KRIS E. KULP CIVIL ACTION—LAW Mortgagor(s)and Record Owner(s) 920 Wertzville Road ACTION OF MORTGAGE FORECLOSURE Enola,PA 17025 Defendant(s) No. 13-3234 CIVIL C: pct ID ��_• Cn PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: c.. Issue Writ of Execution in the above matter: Amount Due $222,202.17 Interest from 5/1/2013 to Date of Sale per ,h� �� diem at$35.08 f q5 L1 r (Costs to be added) ►�q. Q5 50. q5 u 10.3. 1-6 p 0. 95 it. ?5 1�•50 ' By: KML LAW GROUP,P.0 PO A-MV Michael McKeever Pa.I Jay E. Kivitz Pa.ID 26769 Lisa Lee Pa.ID 78020 Kristina Murtha Pa.ID 61858 David Fein Pa.ID 82628 Thomas Puleo Pa.ID 27615 a.a5 DL)eC0 Joshua I.Goldman Pa.205047 •5p LL Jill P.Jenkins Pa.ID 306588 Andrew F.Gornall Pa.ID 92382 Attorneys for Plaintiff ` � f� 31 3fl'4? ALL THAT CERTAIN lot or piece of land situate in East Pennsboro Township, Cumberland County, Pennsylvania,bounded and described in accordance with a survey by Gerrit J. Betz Associates, Inc., dated February 14, 1979, as follows,to wit: BEGINNING at a point on the South side of Wertzville Road, said point being 792.86 feet West of the Southwest corner of Magaro and Wertzville Roads; said point also being the western side of Premises now or late of Oppel; thence along the western side of premises now or late of Oppel, South 3 degrees East 165.50 feet to a hub; thence still along said premises of Oppel South 41 degrees 11 minutes East 114.35 feet to a point on the northern side of land now or late of J. F. Rineer; thence along said premises South 54 degrees 17 minutes West 65.50 feet to a corner of premises now or late of Tascher; thence along said premises North 33 degrees 43 minutes 6 seconds West 338.24 feet to a point on the South Side of Wertzville Road, aforesaid; thence along the same North 87 degrees East 157.20 feet to the point and place of BEGINNING. HAVING THEREON ERECTED a dwelling known and numbered as 920 Wertzville Road. UNDER AND SUBJECT, nevertheless, to all restrictions, reservations, conditions, covenants, easements and rights of way of prior record. IMPROVEMENTS consist of a residential dwelling. MUNICIPALITY East Pennsboro Township BEING PREMISES: 920 Wertuville Road,Enola,PA 17025 SOLD as the property of Kris E. Kulp TAX PARCEL#09-14-0836-140 BEING the same premises which Kris E. Kulp and Angelia Kulp, husband and wife by deed dated 6/27/2008 and recorded 7/3/2008 in Cumberland County in Deed Book Volume Instrument#200822743 granted and conveyed unto Kris E. Kulp. z wo Q. a Q ) 0 �C Uw U o cz W c py m a oa' o O c = C5. C-4 cq > w � a aw Mo � �i 3 � a = H"3 x U p � W '� °o a x a ° u � a KML Law Group,P.C. Suite 5000—BNY Independence Center 701 Market Street Philadelphia,PA 19106 215-627-1322 Attorney for Plaintiff JPMORGAN CHASE BANK,N.A. c/o 3415 Vision Drive IN THE COURT OF COMMON PLEAS Columbus,OH 43219 Plaintiff of Cumberland County vs. KRIS E. KULP CIVIL ACTION-LAW (Mortgagor(s)and Record Owner(s)) 920 Wertzville Road Enola,PA 17025 ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 13-3234 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 JPMORGAN CHASE BANK,N.A.,Plaintiff in the above action,by counsel, KML Law Group,P.C.,sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 920 Wertzville Road Enola,PA 17025 1.Name and address of Owner(s)or Reputed Owner(s): KRIS E. KULP 920 Wertzville Road Enola,PA 17025 r-q cc KRIS E. KULP r— 242 W. Columbia Road . Enola,PA 17025 2.Name and address of Defendant(s)in the judgment: KRIS E. KULP rte: 920 Wertzville Road Enola,PA 17025 KRIS E. KULP 242 W. Columbia Road Enola,PA 17025 3.Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle,PA 17013 PA DEPARTMENT OF PUBLIC WELFARE-Bureau of Child Support Enforcement Health and Welfare Bldg.-Room 432 P.O.Box 2675 Harrisburg,PA 17105-2675 4.Name and address of the last recorded holder of every mortgage of record: 5.Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6.Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 920 Wertzville Road Enola,PA 17025 ANGELIA MARIE KULP, 202 Second Street POB 176 Surnmerdale,PA 17093 I verify that the statements made in this affidavit are true and correct to the best of my information and belief.I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 1 By: KML LAW GROUP,P. Michael McKeever Pa.ID 5 129 Jay E. Kivitz Pa.ID 26769 Lisa Lee Pa.ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa.ID 82628 Thomas Puleo Pa.ID 27615 Joshua I.Goldman Pa.205047 Jill P.Jenkins Pa.ID 306588 Andrew F.Gornall Pa.ID 92382 Attorneys for if '2S, 5�v� �� r 13-3234 CIVEL KML Law Group,P.C. Suite 5000-BNY Independence Center 701 Market Street Philadelphia,PA 19106 (215)627-1322 Attorney for Plaintiff JPMORGAN CHASE BANK,N.A. c/o 3415 Vision Drive IN THE COURT OF COMMON PLEAS Columbus, OH 43219 of Cumberland County Plaintiff VS. CIVIL ACTION-LAW KRIS E. KULP Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE 920 Wertzville Road FORECLOSURE Enola,PA 17025 Defendant(s Docket No. 13-3234 CIVIL THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT.THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: KULP,KRIS E. KRIS E. KULP �� zz 920 Wertzville Road - _ 1 `r Enola,PA 17025 —- Your house at 920 Wertzville Road,Enola,PA 17025 is scheduled to be sold at Sheriffs Sale, n - Wednesday,June 04,2014,at 10:00 AM,in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$222,202.17 obtained by JPMORGAN CHASE BANK,N.A. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to JPMORGAN CHASE BANK,N.A.,the back payments, late charges,costs and reasonable attorney's fees due.To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment,if the judgment was improperly entered.You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 13-3234 CIVIL 4. 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 below 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 NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped,your property will be sold to the highest bidder.You may find out the price bid price by calling the Sheriff of 717-240-6390. 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 the Sheriff of 717-240-6390. 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 a 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty(30)days from the date of the Sheriffs Sale.This schedule will state who will be receiving that money.The money will be paid out in accordance with this schedule unless exceptions(reasons why the proposed distribution is wrong)are filed with the Sheriff within ten(10)days after the schedule of distribution is filed. 7. You may also have other rights and defenses,or ways of getting your house back,if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http://www.philadelphiafed.ora/foreclosure/ 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 2 Liberty Avenue Carlisle,PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle,PA 17013 717-243-9400 13-3234 CIVIL Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website ht!p://www.phfa.org/consumers/homeowners/real.aWx. 5). Call the Plaintiff(your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout/Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention @kmllaw rg_oup.com.com. Call Seth at 215-825-6329 or fax 215-825- 6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215- 825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 124919FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-3234 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 KRIS E.KULP (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $222,202.17 L.L.: $.50 Interest from 5/1/13 to Date of Sale per diem at$35.08 Atty's Comm: Due Prothy: $2.25 Atty Paid: $318.10 Other Costs: Plaintiff Paid: Date: 1/17/14 David D.Buell,Prothonota (Seal) _ ... Deputy REQUESTING PARTY: Name: SALVATORE FILIPPELLO,ESQUIRE Address: KML LAW GROUP,PC SUITE 5000-BNY INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA,PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 313897 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY [ J' r OVA JUL -3 M► 30 CUMBERLAIAD CO1J -0 PEI -ASSY LVA,SIA JPMorgan Chase Bank, N.A. vs. Kris E Kulp Case Number 2013-3234 SHERIFF'S RETURN OF SERVICE 03/24/2014 07:32 PM - Deputy Dawn Kell, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 920 Wertzville Road, East Pennsboro - Township, Enola, PA 17025, Cumberland County. 05/02/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $3,293.69 SO ANSWERS, July 02, 2014 (c) Co vSu Sherif ieleosoft. Inc. RONR ANDERSON, SHERIFF yq*1- 657.4 ce 3') No. /3— 3 a- 3 V C' "*u'st On January 27, 2014 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 920 Wertzville Road, Enola, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: January 27, 2014 By: . i -C' Real Estate Coordinator.i( LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2013-3234 Civil Term JPMorgan Chase Bank, N.A. • vs. Kris E. Kulp Atty.: Michael McKeever IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 920 Wertzville Road Enola, PA 17025. SOLD as the property of KRIS E. KULP. TAX PARCEL #09-14-0836-140. 74 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: April 18, April 25 and May 2, 2014 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. sa Marie Coyne, Edit¢r SWORN TO AND SUBSCRIBED before me this 2 day of May, 2014 Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 The Patriot -News Co. 200 Technology Pkwy Suite,300 'Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 he atriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY 2013-3234 Civil Term JPMorgan Chase Bank, N.A. Vs Kris E Kulp Atty: Michael McKeever IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 920 Wertzville Road Enola, PA 17025 SOLD as the property of KRIS E. KULP TAX PARCEL #09-14-0836-140 This ad ran on the date(s) shown below: 04/13/14 04/20/14 04/27/14 and subscribed before m 2 day of May, 2014 A.D. ary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn 1' rfcl, Notary Public Washington To., Dauphin County mi^ion G _x 12, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES KML LAW GROUP, P.C. Suite 5000 — BNY Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff OF/t I LED Tf 'F/Cc 101 JUL _ nNDTtiF CUMBERLAND U 7 AN ICI: J0 MBERL q NO PENNSYLVANIA JPMORGAN CHASE BANK, N.A. do 3415 Vision Drive Columbus, OH 43219 Plaintiff vs. KRIS E. KULP (Mortgagor(s) and Record owner(s)) 920 Wertzville Road Enola, PA 17025 TO THE PROTHONOTARY: Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County No. 13-3234 CIVIL PRAECIPE TO VACATE JUDGMENT Kindly vacate the judgment upon payment of your costs only. By: KM LA \ GROUP, P.C. pMicha l McKeever Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Thomas Puleo Pa. ID 27615 David Fein Pa. ID 82628 Jill P. Jenkins Pa. ID 306588 Alyk L. Oflazian Pa. ID 312912 Salvatore Filippello, Attorney ID 313897 Attorneys for Plaintiff gq.s* eJ-if losYs-b 2c) to R6 KML LAW GROUP, P.C. Suite 5000 — BNY Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 OF rt FILED-- r"`F/.t. ?Q/y JUL _ 'a T,e /? JPMORGAN CHASE BANK, N.A. c/o 3415 Vision. Drive Columbus, OH 43219 Plaintiff vs. KRIS E. KULP (Mortgagor(s) and Record owner(s)) 920 Wertzville Road Enola, PA 17025 Defendant(s) Nsv COUNT, ANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 13-3234 CIVIL PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended without prejudice upon payment of your costs only. KML LAW GROUP, P.C. F/K/A GOLDBECK McCAFFERTY & McKEEVER ever Pa. ID 56129 J. E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Thomas Puleo Pa. ID 27615 David Fein Pa. ID 82628 Jill P. Jenkins Pa. ID 306588 Alyk L. Oflazian Pa. ID 312912 Salvatore Filippello, Pa. ID 313897 Jennifer Lynn Frechie, Pa. ID 316160 Attorneys for Plaintiff r '•t 'i ! Hr: PR0 THONG 1,;F 2014 JUL 31 AM 9: 50 CUMBERLAND COUNTY PENNSYLVANIA McNEES WALLACE & NURICK LLC J. Paul Helvy Attorney I.D. No. 53148 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 (717) 260-1701 facsimile phelvy(a,mwn.com Attorneys for Plaintiff CATHERINE H. PASEWARK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : 2012-3234 CIVIL ACTION - LAW MICHAEL B. COX, : IN CUSTODY Defendant PLAINTIFF'S PETITION FOR SPECIAL RELIEF AND NOW comes the Plaintiff, Catherine H. Pasewark, by and through her attorneys, McNees Wallace & Nurick LLC, and files the following Petition for Special Relief: 1. Petitioner is Catherine H. Pasewark (hereinafter "Mother"), an adult individual currently residing at 4 Warm Sunday Way, Mechanicsburg, PA 17050. 2. Respondent is Michael B. Cox (hereinafter "Father"), an adult individual whose current address is unknown. r3.40 P16--UA 3. The parties are the parents of Addison Mackenzie Pasewark who was born on May 20, 2012. 4. On February 13, 2013, an Order was entered pursuant to Stipulation of the parties regarding the custody of the minor child (a true and correct copy of said Order is attached hereto as Exhibit "A"). 5. The current Order provides Mother with primary physical custody subject to periods of partial custody to be exercised by Father during the child's second year of life on each weekend on a Friday or Saturday night until the following day at noon and for a period of three to five hours on two other days per week as the parties agree. 6. Mother has filed a Petition for Modification concurrently with this Petition for Special Relief. See Exhibit "B" attached hereto. 7. For the reasons set forth herein, Mother believes that it is in the best interest of the minor child, and in fact is of vital importance to the health, safety and well-being of the minor child, that the existing Order be modified to limit Father's periods of partial custody to supervised visits until such time as Father's situation stabilizes. 8. Due to concerns that Mother had with regard to Father's substance abuse and mental health, a §5329 clinical evaluation was conducted regarding Father by Ellis D. Berkowitz, MSW, ACSW, LCSW on April 30, 2012. The report revealed the following: a. Father was expelled in tenth grade for selling illicit drugs; b. Father attempted to go to college, but was unsuccessful because he was in active addiction and was incarcerated; 2 c. At the time Father began his relationship with Mother, he was living in a recovery house in York, Pennsylvania; d. In July 2011, Father experienced a relapse by drinking alcohol and using crack; e. Shortly thereafter, Father became angry and took his anger out on Mother's dogs by physically abusing the animals and followed that incident by going on a weeklong "bender" with crack cocaine (Note that criminal charges were ultimately brought against Father and Father was convicted for abusing Mother's dogs).; f. In November 2011, Father again abused Mother's dogs and left holes in the wall, presumably created by the dogs hitting the wall; g. Father has a criminal history which includes: Possession of a controlled substance, 1998; ii. Larceny, February 12, 1999; iii. Ten separate charges for breaking and entering vending machines, 2006-2010; and iv. 18 month probation for animal cruelty, 2012-2014; h. As a result of the above, Father was incarcerated six different times. 9. With regard to Father's substance abuse history, the evaluator determined that father has a history of abusing alcohol, crack cocaine, marijuana, hallucinogens and prescription medications, specifically pain killers and anxiety medication. 3 10. Regarding Father's mental health history, it was determined that in August 2011, Father's psychiatrist placed him on Depakote which is commonly used for treating bipolar disorder and in December 2011, Depakote was discontinued and Father was placed on Lithium. 11. The evaluator determined that Father may have ADHD, hyperactive impulsive subtype, and stated that "these individuals who are prone to explosive outbursts, but differ from bipolar disorder individuals." 12. Although it is believed that Father was able to maintain a brief period of sobriety during the child's infancy, Father has since completely "fallen off the wagon." 13. Father has continued to, even when sober, exhibit lack of basic parenting skills and a short temper which has resulted in him throwing young Addison on the bed when frustrated with her, turning up the music very loudly in his car when the child cries in the back seat so he would not have to hear her and being very rough with Addison while changing her if she would not lie completely still. 14. Although Mother has gone to great lengths to ensure that Father is involved in Addison's life, Father has never had an overnight alone with Addison and the vast majority of his time with Addison has been supervised by either Mother or Maternal Grandparents. 15. As noted above, Father has recently "fallen off the wagon" which has led to him being subjected to criminal charges in both Pennsylvania and North Carolina as follows: a. On May 31, 2014, Father was charged with a DUI and use and possession of drug paraphernalia; and 4 b. Shortly after this incident, Father essentially disappeared. Mother subsequently learned that Father, without any notice to Mother, had relocated to North Carolina and has been charged with felony breaking and entering, felony possession of burglary tools, speeding and possibly other charges as well. 16. Mother believes and therefore avers that Father continues to reside in North Carolina. 17. Mother believes and therefore avers that the current Custody Order which gives Father the right to have unsupervised custody of Addison on each weekend Friday or Saturday night until noon the next day and for a period of three to five hours two days a week is not in the minor child's best interest. 18. Mother believes and therefore avers that until Father's condition stabilizes and a determination has been made that Father does not pose a threat of harm to the minor child that any contact Father has with the minor child should be supervised by an acceptable third party supervisor. 19. Mother believes and therefore avers that Father's recent criminal charges of driving under the influence require that the Court consider whether Father poses a threat of harm to the child before granting Father additional custody rights pursuant to 23 Pa.C.S. §5329. WHEREFORE, Mother respectfully requests this Honorable Court to: 1. Immediately suspend Father's custodial rights that were granted to him in the Custody Order of February 13, 2013 that had been entered by Stipulation of the parties; 5 2. Promptly schedule a hearing or conciliation conference to make a determination regarding whether Father poses a threat of harm to the minor child; and 3. To further make a determination as to what Father's custodial rights should be given the totality of the circumstances. Respectfully submitted, McNEES WALLACE & NURICK L C By Air J. Paul He Attorne .D. 3148 Attorneys for Plaintiff, Catherine H. Pasewark Dated: July 30 , 2014 6 `� /J rnmS t. 3 CATHERINE H. PASEWARK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA vs. : 2012-3234 CIVIL ACTION - LAW MICHAEL B. COX, : IN CUSTODY Defendant ORDER AND NOW, TO WIT, this /114 day of/ , M ItY , 2013, upon consideration of the Joint Stipulation of Custody, the Court herein incorporates said Stipulation by reference into this Court Order. IT IS FURTHER ORDERED that this matter is hereby removed from the Custody Trial List. (_) iv BY THE COURT: :r .._.„ ;;c7' C..) TR_IE COPY FROM RF:CO:,,: In Testimony whereof,I here unto tAet 1-1),/hand and the//leaf ot said Cott a Carlisle,Pa. ,20 This day of Prothonotary Distribution: /7X _eat 014/ J. Paul Helvy, Esquire, 100 Pine Street, P.O. Box 16, Harrisburg, Pa., 17108- 1166, (717) 237-5343 (phone), (717) 260-1701 (facsimile), phelvy@mwn.com Heather Z. Reynosa, Esquire, 129 East Market Street, York, PA 17404 ( 717) 846-8856 (phone), (717) 846-3610 (facsimile), hreynosa@qhhslaw.com CATHERINE H. PASEWARK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : 2012-3234 CIVIL ACTION LAW ,c2 -4 rri LI? -4"4 MICHAEL B. COX, : IN CUSTODY 74 :77 Crj rn Defendant CiD r." JOINT STIPULATION OF CUSTODY -- r-, c_n 1 AND NOW, TO WIT, this day of 2013, come the parties (hereinafter referred to as the "parties" and/or "parents"), CATHERINE H. PASEWARK, Plaintiff, (hereinafter referred to as "Plaintiff' and/or "MOTHER"), and her counsel, J. Paul Helvy, Esquire, of McNees Wallace & Nurick, LLC and MICHAEL H. COX (hereinafter referred to as "Defendant" and/or "FATHER"), and his counsel, Heather Z. Reynosa, Esquire, of Griest, Nimes, Herrold, Schaumann, Reynosa LLP, who file their Joint Stipulation of Custody (hereinafter referred to as "Stipulation" and/or "Agreement") whereof the following is a statement: WHEREAS, the parties are CATHERINE H. PASEWARK, the MOTHER, and MICHAEL B. COX, the FATHER, of one minor CHILD: ADDISON MACKENZIE PASEWARK; born May of 2012; age eight (8) months (hereinafter referred to as the "CHILD"). WHEREAS, the parties have reconciled the issues surrounding the custody arrangement for their minor CHILD and desire that this Honorable Court enter an Order consistent with said Agreement with the same force and effect as though said Order had been entered after Petition, Notice, and Hearing, and such shall supersede any prior Order(s) of Court. WHEREAS, the parties believe that the following schedule of custody is in the best interest and welfare of their minor CHILD and understand that it shall be made a Court - 1 - Order and do agree to be bound by it1: 1. SHARED/JOINT LEGAL CUSTODY: MOTHER and FATHER shall share joint legal custody of their minor CHILD. Joint legal custody means the right of both parties to control and to share in making decisions of importance in the life of their CHILD, including educational, medical, and religious decisions. Both parties shall be entitled to equal access to the CHILD'S school, medical, dental, and other important records. As soon as practical after receipt by a party, copies of the CHILD'S school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of the CHILD with healthcare providers and/or other professionals, sufficiently in advance thereof so that the other party can attend. A party shall provide complete contact information for both parties whenever emergency or contact information is requested by form or otherwise by any school, daycare provider, or treating professional. Despite this Stipulation, if any service or professional still requires a release for a party to access the CHILD'S educational, religious, or medical information, both parties shall execute a release within ten (10)days of any written request by any other party or their counsel. Notwithstanding that both parties share legal custody, non-major decisions involving the CHILD'S day-to-day living shall be made by the party then having custody, consistent with the other provisions of this Stipulation, 2. PRIMARY PHYSICAL CUSTODY: Primary physical custody of the CHILD, as that term is defined in the Custody Act, shall be with MOTHER. 3. PARTIAL PHYSICAL CUSTODY: Partial physical custody of the CHILD, as that term is defined in the Custody Act, is the right to take possession of the CHILD away from the custodial parent for a certain period of time. FATHER shall have rights of partial I MOTHER and FATHER submitted to a custody evaluation with Dr. Arnold Shienvold. Following his meeting with the parties and evaluation, he provided the parties and their counsel with an "outline of a parenting - 2 - k(c.\ physical custody of the CHILD as follows: a. During the remainder of the CHILD'S first year of life: FATHER shall exercise a period of partial physical custody with the CHILD (3) days per week for a period of three (3) to five (5) hours per visit at times to be agreed upon by the parties.. b. During the CHILD'S second year of life: FATHER shall exercise a period of physical custody with the CHILD each weekend on a Friday or Saturday night each week until the following day at noon. In addition, Father shall exercise custody for a period of three (3) to five (5) hours on two other days per week as the parties agree.. c. When the CHILD is three (3) year's of age: FATHER shall exercise a period of physical custody with the CHILD from Friday after work until Sunday at 5:00 p.m. on alternating weekends. Father shall be entitled to two additional periods of custody of two (2) to three (3) hours each week at times to be agreed upon by the parties.. 4. HOLIDAYS: a. Christmas, Thanksgiving,New Year's Day, Easter,Memorial Day, July 4th and Labor Day: MOTHER and FATHER agree that during the first three years of the CHILD's life, MOTHER shall grant FATHER at least three (3) hours of partial physical custody on these holidays. b. Mother's Day and Father's Day: MOTHER shall always have the right of partial physical custody on Mother's Day from 9:00 a.m. until 6:00 p.m. Father shall always have the right of partial physical custody on Father's day from 9:00 a.m. until 6:00 p.m. c. Parents' and CHILD's Birthdays: MOTHER and FATHER agree that each year, both parents shall make all reasonable efforts so that the CHILD may spend at least three (3) hours with her parent on his/her actual day of birth. arrangement"dated January 5,2013,that is attached hereto as Exhibit"A." -3 - (-Q Until the CHILD begins full day kindergarten or first grade, MOTHER and FATHER agree that MOTHER shall grant FATHER, if requested, at least three (3) hours of partial physical custody on the CHILD's actual day of birth if such day is nota regularly scheduled period of custody for FATHER. Likewise, if it is FATHER's regularly scheduled period of custody and MOTHER would not have rights of custody for the entire day of the CHILD's birth, if requested, FATHER shall grant MOTHER at least three (3) hours of partial physical custody on such day. 5. VACATION: When the CHILD reaches school (kindergarten) age, each parent may take the CHILD on two(2) periods of vacation. A period shall be seven(7)days unless mutually agreed by the parties otherwise, and should include the parent's regular weekend of custody if possible. Additionally, the periods of vacation with one parent shall not be exercised consecutively. It is further agreed that the parents shall give one another at least thirty (30) days advanced written notice of the intent to take the period or periods of vacation with the CHILD. Should either parent have vacation plans scheduled and the required thirty (30) days advanced written notice has not been given, the parent who first gives notice to the other parent shall take precedence, and the other parent shall not schedule a period of vacation during that time period. 6. HOLIDAYS A PRIORITY: The periods of physical custody for holidays, vacations, or other special days set forth in this Stipulation shall be in addition to and shall take precedence over, but shall not alter the schedule or sequence of regular periods of physical custody for that parent set forth previously in this Stipulation. Holidays and other special days for custody as set forth in this Stipulation shall take precedence over periods of vacation. 7. TRANSPORTATION: Unless otherwise specifically provided for herein, transportation shall be shared by the parents with the parent who is about to begin his/her - 4 - period of custodial time with the CHILD providing transportation for the CHILD from the other parent's residence. At all times, the CHILD shall be secured in appropriate passenger restraints. No person transporting the CHILD shall be under the influence of any alcoholic beverages or illegal substances while transporting the CHILD. 8. LATE FOR EXCHANGE: In the event any parent is more than twenty (20) minutes late for a scheduled custody exchange, in the absence of a telephone call or other communication from the parent picking up the CHILD, the other parent may assume that the parent who is late has chosen not to exercise that period of custody. The period will be forfeited, and the other parent will be free to make other plans with the CHILD. 9. EXTRACURRICULAR ACTIVITIES: Each parent shall provide to the other at least forty-eight(48) hours advance notice of school or other activities,whenever possible. Both parents shall agree to honor and participate in the activities that the CHILD wishes to engage in. During the times that the parents have custody of the CHILD, they will make certain that the CHILD attends any extracurricular activities. The parents agree that they will be supportive of the activities and will transport the CHILD to and from such activities and the preparations and practices for the activities that are scheduled, in such time so that the CHILD is able to participate in those events. Neither parent, however, shall sign up the CHILD for any activity unless the CHILD definitely desires to attend that activity. Participation in activities which takes place during the school year is contingent upon the CHILD maintaining passing grades in school. Neither parent shall sign up the CHILD for activities that fall on the other parent's period of custody without the consent of the other parent, which consent shall not be unreasonably withheld. If the CHILD is involved in an activity which occurs during both parents' periods of custody, both parents shall cooperate in providing transportation of the CHILD to the activity. However, the custodial parent shall not be required to take the CHILD to that activity if the custodial parent and the CHILD are out of town during that activity, for a previously scheduled vacation. In the event that the custodial parent is unable to deliver the CHILD to the particular activity,the parent who has custody of the CHILD at that time shall notify the non-custodial - 5 - \,) parent, who shall be entitled to pick-up and deliver the CHILD to the designated activity. The custodial parent shall make certain that the CHILD is/are ready for pick-up in time sufficient to enable the CHILD to timely attend the activity. 10. TELEPHONE CALLS: Both parents are urged to use common sense in scheduling telephone calls to talk to the CHILD. Both parents are hereby directed to refrain from preventing the parent who may be calling from talking to the CHILD, or preventing the CHILD from calling the other parent, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt the CHILD'S schedule. 11. DISPARAGING REMARKS: Each of the parents and any third party in the presence of the CHILD shall take all measures deemed advisable to foster a feeling of affection between the CHILD and the other parent. Neither parent shall do nor shall either parent permit any third person to do or say anything which may estrange the CHILD from the other parent, their spouse or relatives, or injure the CHILD'S opinion of the other parent or which may hamper the free and natural development of the CHILD'S love and respect for the other parent. The parents shall not use the CHILD to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. 12. FINANCIAL CARE OF THE CHILD: In the event that a significant matter arises with respect to the medical care, education, or financial care of the CHILD, such as a change in occupation, health insurance, education expenses, or residence of a parent, those matters shall be discussed with the other parent before any change is made by either parent. 13. MUTUAL CONSULTATION: Each parent shall confer with the other on all matters of importance relating to the CHILD'S health, maintenance, and education with a view towards obtaining and following a harmonious policy in the CHILD'S education and social adjustments. Each parent agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the CHILD - 6 - and visitation. Each parent agrees to supply the name, address and phone numbers of any persons in whose care the CHILD will be for a period in excess of twenty-four (24) hours, and for each person or entity which may provide daycare for the CHILD, excluding current day care providers, relatives, and/or public school institutions. 14. ILLNESS OF CHILD: Emergency decisions regarding the CHILD shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the CHILD at any time, any parent then having custody of the CHILD shall immediately communicate with the other parent by telephone or any other means practical, informing the other parent of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as practical. The term "serious illness" as used herein shall mean any disability which confines the CHILD to bed for a period in excess of twenty-four (24) hours and which places the CHILD under the direction of a licensed physician. 15. WELFARE OF THE CHILD TO BE CONSIDERED: The welfare and convenience of the CHILD shall be the prime consideration of the parents in any application of the provisions of this Stipulation. Both parents are directed to listen carefully and consider the wishes of the CHILD in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 16. SMOKE/DRINKJILLEGAL•SUBSTANCES/CONTROLLED • SUBSTANCES: Neither parent shall smoke in a confined area when the CHILD is present and neither parent shall permit another person to smoke in a confined area when the CHILD is present. Neither parent shall consume alcoholic beverages when in the presence of the CHILD and neither parent shall permit another person to consume alcoholic beverages to excess when in the presence of the CHILD. Further, no parent shall consume, possess, or be under the influence of an illegal substance when in the presence of the CHILD nor permit any other person to consume, possess, or be under the influence of an illegal substance in the CHILD'S presence. Lastly, neither parent shall consume or be under the influence of any controlled substance(s) unless directed - 7- Nu- by their treating professional. 17. RELOCATION OF A PARENT: A relocation is defined as a change in a residence of the CHILD which significantly impairs the ability of a non-relocating parent to exercise custodial rights 23 Pa.C.S.§5322. No relocation shall occur unless every individual who has custody rights to the CHILD consents to the proposed relocation or the court approves the proposed relocation. If a parent seeks to relocate, that parent shall notify every other individual who has custody rights to the CHILD. Both parents must follow the statutory requirements contained in 23 Pa.C.S. § 5337. Specifically, the relocating parent must notify every other individual who has custody rights to the CHILD by certified mail, return receipt requested. The notice must then comply with the following requirements: Notice must be sent no later than: (1) The 60th day before the date of the proposed relocation; or (2) The 10th day after the date that the individual knows of the relocation, if the individual did not know and could not reasonably know of the relocation in sufficient time to comply with the 60 day notice requirement, and it is not reasonably possible to delay the date of relocation, so as to comply with the 60 day notice requirement. Unless otherwise excused by law,the following information must be included in the notice: (1) The address of the intended new residence. (2) The mailing address, if not the same as the address of the intended new residence. (3) Names and ages of the individuals in the new residence, including individuals who intend to live in the new residence. (4) The home telephone number of the intended new residence, if applicable. (5) The name of the new school district and school. (6) The date of the proposed relocation. (7) The reasons for the proposed relocation. cj*, (8) A proposal for a revised custody schedule. (9) Any other information which the parent proposing the relocation deems appropriate. (10) A counter-affidavit as provided under subsection(d)(1)which can be used to object to the proposed relocation and modification of a custody order. (11) A warning to the non-relocating parent that, if the non-relocating parent does not file with the court an objection to the proposed relocation within 30 days after receipt of notice, that the parent shall be foreclosed from objecting to the relocation. If any of the aforementioned information is not known when the notice is sent but is later made known to the parent seeking the relocation, then the parent shall promptly inform every individual who received notice. If the non-relocating parent objects to the proposed move he/she must do so by filing the counter-affidavit with the court and the other parent within 30 days. The notice of the objection to the opposing parent must be sent by certified mail, return receipt requested. If no objection is made in the manner set forth above,then it shall be presumed that the non-relocating parent has consented to the proposed relocation and the court will not accept testimony challenging the relocation in any further review of the custodial arrangements. The court shall hold an expedited full hearing on the proposed relocation after a timely objection has been filed and before relocation occurs. The court may permit relocation before a full hearing, if the court finds that exigent circumstances exist. 18. CERTIFICATION UNDER 23 Pa.C.S.A§5329: Each party has represented that neither they nor any members of their household have been charged with or convicted of an offense enumerated in 23 Pa.C.S. § 5329 (or an equivalent offense in another jurisdiction) or if they have been so charged and/or convicted that they have complied satisfactorily with the mandates of § 5329. 19. ADVICE OF COUNSEL: The parents declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that MOTHER has been independently represented by J. Paul Helvy, Esquire, and that - 9- 1LL FATHER has been independently represented by Heather Z. Reynosa, Esquire, with respect to the preparation and execution of this Stipulation. 20. MODIFICATION OF ORDER: The parents are free to modify the terms of this Stipulation, but in order to do so, both parents must be in complete agreement to any new terms. Both parents must consent on what the new terms of the custody arrangement or visitation schedule shall be prior to any change being made by either parent. WHEREFORE, the parents pray this Honorable Court enter an Order in accordance with their Agreement. r\ ) . - A\cij\l'A),A/," III t i L4C C H fl H.H. PASEWARK MICHAEL B. COX F)) AINTIFF/MOTHER DEFENDANT/FATHER 10 j U 1 CATHERINE H. PASEWARK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : 2012-3234 CIVIL ACTION - LAW MICHAEL B. COX, : IN CUSTODY Defendant ORDER You are ordered to appear in person at , on , at , (am/pm) for ❑ a conciliation or mediation conference, ❑ a pretrial conference, ❑ a hearing before the court. If you fail to appear as provided by this order, an order for custody may be entered against you or the court may issue a warrant for your arrest. You must file with the court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with the conference officer or judge or conciliation) but not later than 30 days after service of the complaint or petition. This is filed in the Prothonotary's Office at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa. C.S. §5337 and Pa. R.C.P. No. 1915.17 regarding relocation. 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 BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact the Court Administrator's Office at (717) 240-6200. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference. BY THE COURT, Date: J. McNEES WALLACE & NURICK LLC J. Paul Helvy Attorney I.D. No. 53148 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 (717) 260-1701 facsimile phelvyCa�mwn.com Attorneys for Plaintiff CATHERINE H. PASEWARK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : 2012-3234 CIVIL ACTION - LAW MICHAEL B. COX, : IN CUSTODY Defendant PLAINTIFF'S PETITION FOR MODIFICATION AND NOW comes the Plaintiff, Catherine H. Pasewark, by and through her attorneys, McNees Wallace & Nurick LLC, and files the following Petition for Modification: 1. Petitioner is Catherine H. Pasewark (hereinafter "Mother"), an adult individual currently residing at 4 Warm Sunday Way, Mechanicsburg, PA 17050. 2. Respondent is Michael B. Cox (hereinafter "Father"), an adult individual whose current address is unknown. 3. The parties are the parents of Addison Mackenzie Pasewark who was born on May 20, 2012. 4. On February 13, 2013, an Order was entered pursuant to Stipulation of the parties regarding the custody of the minor child (a true and correct copy of said Order is attached hereto as Exhibit "A"). 5. The current Order provides Mother with primary physical custody subject to periods of partial custody to be exercised by Father during the child's second year of life on each weekend on a Friday or Saturday night until the following day at noon and for a period of three to five hours on two other days per week as the parties agree. 6. For the reasons set forth within the attached Petition for Special Relief, attached as Exhibit "B," and filed concurrently with this Petition for Modification, Mother believes that it is in the best interest of the minor child, and in fact is of vital importance to the health, safety and well-being of the minor child, that the existing Order be modified to limit Father's periods of partial custody to supervised visits until such time as Father's situation stabilizes. WHEREFORE, Mother respectfully requests this Honorable Court to: 1. Immediately suspend Father's custodial rights that were granted to him in the Custody Order of February 13, 2013 that had been entered by Stipulation of the parties; 2. Promptly schedule a hearing or conciliation conference to make a determination regarding whether Father poses a threat of harm to the minor child; and 2 3. To further make a determination as to what Father's custodial rights should be given the totality of the circumstances. Respectfully submitted, McNEES WALLACE & NURICK LLC By J. Pa Helvy Attorney I.D. No. 53148 Attorneys for Plaintiff, Catherine H. Pasewark Dated: July 3O, 2014 3 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: -7 50 ( 19 L1.*� u 0N V v C. henne Pas-\ ark CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served via email and first-class mail, postage prepaid, upon the following: Heather Z. Reynosa, Esquire Griest, Nimes, Herrold, Schaumann, Reynosa LLP 129 East Market Street York, PA 17404 hreynosa@ghhslaw.com M helle Armour, Paralegal Dated: July 30 , 2014 C:1 1HE P i 2014 JUL 31 AM CUMBERLAND COUNTY PENNSYLVANIA McNEES WALLACE & NURICK LLC J. Paul Helvy Attorney I.D. No. 53148 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 (717) 260-1701 facsimile phelvymwn.com Attorneys for Plaintiff CATHERINE H. PASEWARK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. 2012-3234 CIVIL ACTION - LAW MICHAEL B. COX, : IN CUSTODY Defendant PLAINTIFFS PETITION FOR MODIFICATION AND NOW comes the Plaintiff, Catherine H. Pasewark, by and through her attorneys, McNees Wallace & Nurick LLC, and files the following Petition for Modification: 1. Petitioner is Catherine H. Pasewark (hereinafter "Mother"), an adult individual currently residing at 4 Warm Sunday Way, Mechanicsburg, PA 17050. 2. Respondent is Michael B. Cox (hereinafter "Father"), an adult individual whose current address is unknown. eir3' C 'o,1 79r A4- 30 :,141 3. The parties are the parents of Addison Mackenzie Pasewark who was born on May 20, 2012. 4. On February 13, 2013, an Order was entered pursuant to Stipulation of the parties regarding the custody of the minor child (a true and correct copy of said Order is attached hereto as Exhibit "A"). 5. The current Order provides Mother with primary physical custody subject to periods of partial custody to be exercised by Father during the child's second year of life on each weekend on a Friday or Saturday night until the following day at noon and for a period of three to five hours on two other days per week as the parties agree. 6. For the reasons set forth within the attached Petition for Special Relief, attached as Exhibit "B," and filed concurrently with this Petition for Modification, Mother believes that it is in the best interest of the minor child, and in fact is of vital importance to the health, safety and well-being of the minor child, that the existing Order be modified to limit Father's periods of partial custody to supervised visits until such time as Father's situation stabilizes. WHEREFORE, Mother respectfully requests this Honorable Court to: 1. Immediately suspend Father's custodial rights that were granted to him in the Custody Order of February 13, 2013 that had been entered by Stipulation of the parties; 2. Promptly schedule a hearing or conciliation conference to make a determination regarding whether Father poses a threat of harm to the minor child; and 2 3. To further make a determination as to what Father's custodial rights should be given the totality of the circumstances. Respectfully submitted, McNEES WALLACE & NURICK LL By J. Pa elvy Att.:' ey I.D. No. 531'18 Attor -ys for Plaintiff, Catherine H. Pasewark Dated: July 30, 2014 3 3 CATHERINE H. PASEWARK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA vs. : 2012-3234 CIVIL ACTION - LAW MICHAEL B. COX, : IN CUSTODY Defendant ORDER AND NOW, TO WIT, this /1 1; day ofrallatAnY , 2013, upon consideration of the Joint Stipulation of Custody, the Court herein incorporates said Stipulation by reference into this Court Order. IT IS FURTHER ORDERED that this matter is hereby removed from the Custody Trial List. ai r.1 BY THE COURT: of) - , <C.. Z.7, CO RD In lelt-.111rn.)1oEnyCvvOnePreYofF,IRhOerMe uRntf79,,CrOt zIsthedeal ocitasyati)df Cou a/Colts,e2,0 Prothonotary Distribution: Xtoe? 014/ J. Paul Helvy, Esquire, 100 Pine Street, P.O. Box 1 66, Harrisburg, Pa., 17108- 1166, (717) 237-5343 (phone), (717) 260-1701 (facsimile), phelvy@mwn.com Heather Z. Reynosa, Esquire, 129 East Market Street, York, PA 17404 ( 717) 846-8856 (phone), (717) 846-3610 (facsimile), hreynosa@qhhslaw.com .,, ..,....., . ., .,. , CATHERINE H. PASEWARK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA cl vs. : 2012-3234 CIVIL ACTION - LAW cj.).• — —.- —, ,...,-,. e....b.) • rri w -n -11-75"Ti MICHAEL B. COX, : IN CUSTODY 3'77 C-13 7 pri Defendant , L./2"!.;': JOINT STIPULATION OF CUSTODY L.) >....:: •• --;z: AND NOW, TO WIT, this 11- day of ci-?(Lavi.A--- , 2013, come the parties (hereinafter referred to as the "parties" and/or "parents"), CATHERINE H. PASEWARK, Plaintiff, (hereinafter referred to as "Plaintiff' and/or "MOTHER"), and her counsel, J. Paul Helvy, Esquire, of McNees Wallace & Nurick, LLC and MICHAEL H. COX (hereinafter referred to as "Defendant" and/or "FATHER"), and his counsel, Heather Z. Reynosa, Esquire, of Griest, Himes, Herrold, Schaumann, Reynosa LLP, who file their Joint Stipulation of Custody(hereinafter referred to as "Stipulation" and/or "Agreement") whereof the following is a statement: WHEREAS, the parties are CATHERINE H. PASEWARK, the MOTHER, and MICHAEL B. COX, the FATHER, of one minor CHILD: ADDISON MACKENZIE PASEWARK; born May of 2012; age eight (8) months (hereinafter referred to as the "CHILD"). WHEREAS, the parties have reconciled the issues surrounding the custody arrangement for their minor CHILD and desire that this Honorable Court enter an Order consistent with said Agreement with the same force and effect as though said Order had been entered after Petition, Notice, and Hearing, and such shall supersede any prior Order(s) of Court. WHEREAS, the parties believe that the following schedule of custody is in the best interest and welfare of their minor CHILD and understand that it shall be made a Court - 1 - C‘ Order and do agree to be bound by it1: 1. SHARED/JOINT LEGAL CUSTODY: MOTHER and FATHER shall share joint legal custody of their minor CHILD. Joint legal custody means the right of both parties to control and to share in making decisions of importance in the life of their CHILD, including educational, medical, and religious decisions. Both parties shall be entitled to equal access to the CHILD'S school, medical, dental, and other important records. As soon as practical after receipt by a party, copies of the CHILD'S school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of the CHILD with healthcare providers and/or other professionals, sufficiently in advance thereof so that the other party can attend. A party shall provide complete contact information for both parties whenever emergency or contact information is requested by form or otherwise by any school, daycare provider,or treating professional. Despite this Stipulation, if any service or professional still requires a release for a party to access the CHILD'S educational, religious, or medical information, both parties shall execute a release within ten (10)days of any written request by any other party or their counsel. Notwithstanding that both parties share legal custody, non-major decisions involving the CHILD'S day-to-day living shall be made by the party then having custody, consistent with the other provisions of this Stipulation. 2, PRIMARY PHYSICAL CUSTODY: Primary physical custody of the CHILD, as that term is defined in the Custody Act, shall be with MOTHER. 3. PARTIAL PHYSICAL CUSTODY: Partial physical custody of the CHILD, as that term is defined in the Custody Act, is the right to take possession of the CHILD away from the custodial parent for a certain period of time. FATHER shall have rights of partial I MOTHER and FATHER submitted to a custody evaluation with Dr.Arnold Shienvold. Following his meeting with the parties and evaluation,he provided the parties and their counsel with an"outline of a parenting - 2 - I *) physical custody of the CHILD as follows: a. During the remainder of the CHILD'S first year of life: FATHER shall exercise a period of partial physical custody with the CHILD (3)days per week for a period of three (3) to five (5) hours per visit at times to be agreed upon by the parties.. b. During the CHILD'S second year of life: FATHER shall exercise a period of physical custody with the CHILD each weekend on a Friday or Saturday night each week until the following day at noon. in addition, Father shall exercise custody for a period of three (3) to five (5) hours on two other days per week as the parties agree.. c. When the CHILD is three (3) year's of age: FATHER shall exercise a period of physical custody with the CHILD from Friday after work until Sunday at 5:00 p.m. on alternating weekends. Father shall be entitled to two additional periods of custody of two (2) to three (3) hours each week at times to be agreed upon by the parties.. 4. HOLIDAYS: a. Christmas, Thanksgiving,New Year's Day, Easter,Memorial Day, July 4th, and Labor Day: MOTHER and FATHER agree that during the first three years of the CHILD's life, MOTHER shall grant FATHER at least three (3) hours of partial physical custody on these holidays. b. Mother's Day and Father's Day: MOTHER shall always have the right of partial physical custody on Mother's Day from 9:00 a.m. until 6:00 p.m. Father shall always have the right of partial physical custody on Father's day from 9:00 a.m. until 6:00 p.m. C. Parents'and CHILD's Birthdays: MOTHER and FATHER agree that each year, both parents shall make all reasonable efforts so that the CHILD may spend at least three (3) hours with her parent on his/her actual day of birth. arrangement"dated January 5,2013, that is attached hereto as Exhibit"A." - 3 - (c) Alk Until the CHILD begins full day kindergarten or first grade, MOTHER and FATHER agree that MOTHER shall grant FATHER, if requested, at least three (3) hours of partial physical custody on the CHILD's actual day of birth if such day is not a regularly scheduled period of custody for FATHER. Likewise, if it is FATHER's regularly scheduled period of custody and MOTHER would not have rights of custody for the entire day of the CHILD's birth, if requested, FATHER shall grant MOTHER at least three (3)hours of partial physical custody on such day. 5. VACATION: When the CHILD reaches school (kindergarten) age, each parent may take the CHILD on two (2)periods of vacation. A period shall be seven(7)days unless mutually agreed by the parties otherwise, and should include the parent's regular weekend of custody if possible. Additionally, the periods of vacation with one parent shall not be exercised consecutively. It is further agreed that the parents shall give one another at least thirty (30) days advanced written notice of the intent to take the period or periods of vacation with the CHILD. Should either parent have vacation plans scheduled and the required thirty (30) days advanced written notice has not been given, the parent who first gives notice to the other parent shall take precedence, and the other parent shall not schedule a period of vacation during that time period. 6. HOLIDAYS A PRIORITY: The periods of physical custody for holidays, vacations, or other special days set forth in this Stipulation shall be in addition to and shall take precedence over, but shall not alter the schedule or sequence of regular periods of physical custody for that parent set forth previously in this Stipulation. Holidays and other special days for custody as set forth in this Stipulation shall take precedence over periods of vacation. 7. TRANSPORTATION: Unless otherwise specifically provided for herein, transportation shall be shared by the parents with the parent who is about to begin his/her - 4 - period of custodial time with the CHILD providing transportation for the CHILD from the other parent's residence. At all times, the CHILD shall be secured in appropriate passenger restraints. No person transporting the CHILD shall be under the influence of any alcoholic beverages or illegal substances while transporting the CHILD. 8. LATE FOR EXCHANGE: In the event any parent is more than twenty (20) minutes late for a scheduled custody exchange, in the absence of a telephone call or other communication from the parent picking up the CHILD, the other parent may assume that the parent who is late has chosen not to exercise that period of custody. The period will be forfeited, and the other parent will be free to make other plans with the CHILD. 9. EXTRACURRICULAR ACTIVITIES: Each parent shall provide to the other at least forty-eight(48) hours advance notice of school or other activities,whenever possible. Both parents shall agree to honor and participate in the activities that the CHILD wishes to engage in. During the times that the parents have custody of the CHILD, they will make certain that the CHILD attends any extracurricular activities. The parents agree that they will be supportive of the activities and will transport the CHILD to and from such activities and the preparations and practices for the activities that are scheduled, in such time so that the CHILD is able to participate in those events. Neither parent, however, shall sign up the CHILD for any activity unless the CHILD definitely desires to attend that activity. Participation in activities which takes place during the school year is contingent upon the CHILD maintaining passing grades in school. Neither parent shall sign up the CHILD for activities that fall on the other parent's period of custody without the consent of the other parent, which consent shall not be unreasonably withheld. If the CHILD is involved in an activity which occurs during both parents'periods of custody, both parents shall cooperate in providing transportation of the CHILD to the activity. However, the custodial parent shall not be required to take the CHILD to that activity if the custodial parent and the CHILD are out of town during that activity, for a previously scheduled vacation. In the event that the custodial parent is unable to deliver the CHILD to the particular activity,the parent who has custody of the CHILD at that time shall notify the non-custodial - 5 - k) parent, who shall be entitled to pick-up and deliver the CHILD to the designated activity. The custodial parent shall make certain that the CHILD is/are ready for pick-up in time sufficient to enable the CHILD to timely attend the activity. 10. TELEPHONE CALLS: Both parents are urged to use common sense in scheduling telephone calls to talk to the CHILD. Both parents are hereby directed to refrain from preventing the parent who may be calling from talking to the CHILD, or preventing the CHILD from calling the other parent, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt the CHILD'S schedule. 11. DISPARAGING REMARKS: Each of the parents and any third party in the presence of the CHILD shall take all measures deemed advisable to foster a feeling of affection between the CHILD and the other parent. Neither parent shall do nor shall either parent permit any third person to do or say anything which may estrange the CHILD from the other parent, their spouse or relatives, or injure the CHILD'S opinion of the other parent or which may hamper the free and natural development of the CHILD'S love and respect for the other parent. The parents shall not use the CHILD to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. 12. FINANCIAL CARE OF THE CHILD: In the event that a significant matter arises with respect to the medical care, education, or financial care of the CHILD, such as a change in occupation, health insurance, education expenses, or residence of a parent, those matters shall be discussed with the other parent before any change is made by either parent. 13. MUTUAL CONSULTATION: Each parent shall confer with the other on all matters of importance relating to the CHILD'S health, maintenance, and education with a view towards obtaining and following a harmonious policy in the CHILD'S education and social adjustments. Each parent agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the CHILD - 6 - and visitation. Each parent agrees to supply the name, address and phone numbers of any persons in whose care the CHILD will be for a period in excess of twenty-four (24) hours, and for each person or entity which may provide daycare for the CHILD, excluding current day care providers, relatives, and/or public school institutions. 14. ILLNESS OF CHILD: Emergency decisions regarding the CHILD shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the CHILD at any time, any parent then having custody of the CHILD shall immediately communicate with the other parent by telephone or any other means practical, informing the other parent of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as practical. The term "serious illness" as used herein shall mean any disability which confines the CHILD to bed for a period in excess of twenty-four (24) hours and which places the CHILD under the direction of a licensed physician. 15. WELFARE OF THE CHILD TO BE CONSIDERED: The welfare and convenience of the CHILD shall be the prime consideration of the parents in any application of the provisions of this Stipulation. Both parents are directed to listen carefully and consider the wishes of the CHILD in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 16. SMOKE/DRINKJILLEGAL SUBSTANCES/CONTROLLED • SUBSTANCES: Neither parent shall smoke in a confined area when the CHILD is present and neither parent shall permit another person to smoke in a confined area when the CHILD is present. Neither parent shall consume alcoholic beverages when in the presence of the CHILD and neither parent shall permit another person to consume alcoholic beverages to excess when in the presence of the CHILD. Further, no parent shall consume, possess, or be under the influence of an illegal substance when in the presence of the CHILD nor permit any other person to consume, possess, or be under the influence of an illegal substance in the CHILD'S presence. Lastly, neither parent shall consume or be under the influence of any controlled substance(s) unless directed - 7 - by their treating professional. 17. RELOCATION OF A PARENT: A relocation is defined as a change in a residence of the CHILD which significantly impairs the ability of a non-relocating parent to exercise custodial rights 23 Pa.C.S.§5322. No relocation shall occur unless every individual who has custody rights to the CHILD consents to the proposed relocation or the court approves the proposed relocation. If a parent seeks to relocate, that parent shall notify every other individual who has custody rights to the CHILD. Both parents must follow the statutory requirements contained in 23 Pa.C.S. § 5337. Specifically, the relocating parent must notify every other individual who has custody rights to the CHILD by certified mail, return receipt requested. The notice must then comply with the following requirements: Notice must be sent no later than: (1) The 60th day before the date of the proposed relocation; or (2) The 10th day after the date that the individual knows of the relocation, if the individual did not know and could not reasonably know of the relocation in sufficient time to comply with the 60 day notice requirement, and it is not reasonably possible to delay the date of relocation, so as to comply with the 60 day notice requirement. Unless otherwise excused by law, the following information must be included in the notice: (1) The address of the intended new residence. (2) The mailing address, if not the same as the address of the intended new residence. (3) Names and ages of the individuals in the new residence, including individuals who intend to live in the new residence. (4) The home telephone number of the intended new residence, if applicable. (5) The name of the new school district and school. (6) The date of the proposed relocation. (7) The reasons for the proposed relocation. LiQx (8) A proposal for a revised custody schedule. (9) Any other information which the parent proposing the relocation deems appropriate. (10) A counter-affidavit as provided under subsection(d)(1)which can be used to object to the proposed relocation and modification of a custody order. (11) A warning to the non-relocating parent that, if the non-relocating parent does not file with the court an objection to the proposed relocation within 30 days after receipt of notice, that the parent shall be foreclosed from objecting to the relocation. If any of the aforementioned information is not known when the notice is sent but is later made known to the parent seeking the relocation, then the parent shall promptly inform every individual who received notice. If the non-relocating parent objects to the proposed move he/she must do so by filing the counter-affidavit with the court and the other parent within 30 days. The notice of the objection to the opposing parent must be sent by certified mail, return receipt requested. If no objection is made in the manner set forth above,then it shall be presumed that the non-relocating parent has consented to the proposed relocation and the court will not accept testimony challenging the relocation in any further review of the custodial arrangements. The court shall hold an expedited full hearing on the proposed relocation after a timely objection has been filed and before relocation occurs. The court may permit relocation before a full hearing, if the court finds that exigent circumstances exist. 18. CERTIFICATION UNDER 23 Pa.C.S.A§5329: Each party has represented that neither they nor any members of their household have been charged with or convicted of an offense enumerated in 23 Pa.C.S. § 5329 (or an equivalent offense in another jurisdiction) or if they have been so charged and/or convicted that they have complied satisfactorily with the mandates of § 5329. 19. ADVICE OF COUNSEL: The parents declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that MOTHER has been independently represented by J. Paul Helvy, Esquire, and that - 9 - \kt* FATHER has been independently represented by Heather Z. Reynosa, Esquire, with respect to the preparation and execution of this Stipulation. 20. MODIFICATION OF ORDER: The parents are free to modify the terms of this Stipulation, but in order to do so, both parents must be in complete agreement to any new terms. Both parents must consent on what the new terms of the custody arrangement or visitation schedule shall be prior to any change being made by either parent. WHEREFORE,the parents pray this Honorable Court enter an Order in accordance with their Agreement. -,,, k , -, '-' cIA,GW--k,\ ilk CATH 1:21N1 H. PASEWARK MICHAEL B. COX "LAINTIFF/MOTHER DEFENDANT/FATHER r ,r CATHERINE H. PASEWARK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : 2012-3234 CIVIL ACTION - LAW MICHAEL B. COX, : IN CUSTODY Defendant ORDER You are ordered to appear in person at , on , at , (am/pm) for ❑ a conciliation or mediation conference, ❑ a pretrial conference, ❑ a hearing before the court. If you fail to appear as provided by this order, an order for custody may be entered against you or the court may issue a warrant for your arrest. You must file with the court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with the conference officer or judge or conciliation) but not later than 30 days after service of the complaint or petition. This is filed in the Prothonotary's Office at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa. C.S. §5337 and Pa. R.C.P. No. 1915.17 regarding relocation. 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 BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact the Court Administrator's Office at (717) 240-6200. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference. BY THE COURT, Date: J. McNEES WALLACE & NURICK LLC J. Paul Helvy Attorney I.D. No. 53148 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 (717) 260-1701 facsimile phelvy(c�mwn.com Attorneys for Plaintiff CATHERINE H. PASEWARK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : 2012-3234 CIVIL ACTION - LAW MICHAEL B. COX, : IN CUSTODY Defendant PLAINTIFF'S PETITION FOR SPECIAL RELIEF AND NOW comes the Plaintiff, Catherine H. Pasewark, by and through her attorneys, McNees Wallace & Nurick LLC, and files the following Petition for Special Relief: 1. Petitioner is Catherine H. Pasewark (hereinafter "Mother"), an adult individual currently residing at 4 Warm Sunday Way, Mechanicsburg, PA 17050. 2. Respondent is Michael B. Cox (hereinafter "Father"), an adult individual whose current address is unknown. 3. The parties are the parents of Addison Mackenzie Pasewark who was born on May 20, 2012. 4. On February 13, 2013, an Order was entered pursuant to Stipulation of the parties regarding the custody of the minor child (a true and correct copy of said Order is attached hereto as Exhibit "A"). 5. The current Order provides Mother with primary physical custody subject to periods of partial custody to be exercised by Father during the child's second year of life on each weekend on a Friday or Saturday night until the following day at noon and for a period of three to five hours on two other days per week as the parties agree. 6. Mother has filed a Petition for Modification concurrently with this Petition for Special Relief. See Exhibit "B" attached hereto. 7. For the reasons set forth herein, Mother believes that it is in the best interest of the minor child, and in fact is of vital importance to the health, safety and well-being of the minor child, that the existing Order be modified to limit Father's periods of partial custody to supervised visits until such time as Father's situation stabilizes. 8. Due to concerns that Mother had with regard to Father's substance abuse and mental health, a §5329 clinical evaluation was conducted regarding Father by Ellis D. Berkowitz, MSW, ACSW, LCSW on April 30, 2012. The report revealed the following: a. Father was expelled in tenth grade for selling illicit drugs; b. Father attempted to go to college, but was unsuccessful because he was in active addiction and was incarcerated; 2 c. At the time Father began his relationship with Mother, he was living in a recovery house in York, Pennsylvania; d. In July 2011, Father experienced a relapse by drinking alcohol and using crack; e. Shortly thereafter, Father became angry and took his anger out on Mother's dogs by physically abusing the animals and followed that incident by going on a weeklong "bender" with crack cocaine (Note that criminal charges were ultimately brought against Father and Father was convicted for abusing Mother's dogs).; f. In November 2011, Father again abused Mother's dogs and left holes in the wall, presumably created by the dogs hitting the wall; g. Father has a criminal history which includes: i. Possession of a controlled substance, 1998; ii. Larceny, February 12, 1999; iii. Ten separate charges for breaking and entering vending machines, 2006-2010; and iv. 18 month probation for animal cruelty, 2012-2014; h. As a result of the above, Father was incarcerated six different times. 9. With regard to Father's substance abuse history, the evaluator determined that father has a history of abusing alcohol, crack cocaine, marijuana, hallucinogens and prescription medications, specifically pain killers and anxiety medication. 3 10. Regarding Father's mental health history, it was determined that in August 2011, Father's psychiatrist placed him on Depakote which is commonly used for treating bipolar disorder and in December 2011, Depakote was discontinued and Father was placed on Lithium. 11. The evaluator determined that Father may have ADHD, hyperactive impulsive subtype, and stated that "these individuals who are prone to explosive outbursts, but differ from bipolar disorder individuals." 12. Although it is believed that Father was able to maintain a brief period of sobriety during the child's infancy, Father has since completely "fallen off the wagon." 13. Father has continued to, even when sober, exhibit lack of basic parenting skills and a short temper which has resulted in him throwing young Addison on the bed when frustrated with her, turning up the music very loudly in his car when the child cries in the back seat so he would not have to hear her and being very rough with Addison while changing her if she would not lie completely still. 14. Although Mother has gone to great lengths to ensure that Father is involved in Addison's life, Father has never had an overnight alone with Addison and the vast majority of his time with Addison has been supervised by either Mother or Maternal Grandparents. 15. As noted above, Father has recently "fallen off the wagon" which has led to him being subjected to criminal charges in both Pennsylvania and North Carolina as follows: a. On May 31, 2014, Father was charged with a DUI and use and possession of drug paraphernalia; and 4 b. Shortly after this incident, Father essentially disappeared. Mother subsequently learned that Father, without any notice to Mother, had relocated to North Carolina and has been charged with felony breaking and entering, felony possession of burglary tools, speeding and possibly other charges as well. 16. Mother believes and therefore avers that Father continues to reside in North Carolina. 17. Mother believes and therefore avers that the current Custody Order which gives Father the right to have unsupervised custody of Addison on each weekend Friday or Saturday night until noon the next day and for a period of three to five hours two days a week is not in the minor child's best interest. 18. Mother believes and therefore avers that until Father's condition stabilizes and a determination has been made that Father does not pose a threat of harm to the minor child that any contact Father has with the minor child should be supervised by an acceptable third party supervisor. 19. Mother believes and therefore avers that Father's recent criminal charges of driving under the influence require that the Court consider whether Father poses a threat of harm to the child before granting Father additional custody rights pursuant to 23 Pa.C.S. §5329. WHEREFORE, Mother respectfully requests this Honorable Court to: 1. Immediately suspend Father's custodial rights that were granted to him in the Custody Order of February 13, 2013 that had been entered by Stipulation of the parties; 5 ,[; 2. Promptly schedule a hearing or conciliation conference to make a determination regarding whether Father poses a threat of harm to the minor child; and 3. To further make a determination as to what Father's custodial rights should be given the totality of the circumstances. Respectfully submitted, McNEES WALLACE & NURICK LLC By J. Paul He Attorne .D. No(53148 Attorneys for Plaintiff, Catherine H. Pasewark Dated: July 30 , 2014 6 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: .u. - W7/3611g C."herine Pa-e ark CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served via email and first-class mail, postage prepaid, upon the following: Heather Z. Reynosa, Esquire Griest, Himes, Herrold, Schaumann, Reynosa LLP 129 East Market Street York, PA 17404 hreynosaghhslaw.com Mic elle Armour, Paralegal Dated: July 30, 2014 t. F'R30 110iiQ TA `; 2Q 14 JUL 31 An 9 49. CUMBERLAND COUNTY PENNSYLVANIA CATHERINE H. PASEWARK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : 2012-3234 CIVIL ACTION - LAW MICHAEL B. COX, : IN CUSTODY Defendant CRIMINAL RECORD / ABUSE HISTORY VERIFICATION I, Catherine H. Pasewark, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. §4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of conviction, Sentence all that household guilty plea, no apply member contest plea or pending charges ❑ 18 Pa.C.S. Ch. 25 (relating ❑ ❑ to criminal homicide) ❑ 18 Pa.C.S. §2702 (relating to ❑ ❑ aggravated assault) ❑ 18 Pa.C.S. §2706 (relating to ❑ ❑ terroristic threats) ❑ 18 Pa.C.S. §2709.1 (relating ❑ ❑ to stalking) ❑ 18 Pa.C.S. §2901 (relating to ❑ ❑ kidnapping) ❑ 18 Pa.C.S. §2902 (relating to ❑ ❑ unlawful restraint) ❑ 18 Pa.C.S. §2903 (relating to ❑ ❑ false imprisonment) ❑ 18 Pa.C.S. §2910 (relating to ❑ ❑ luring a child into a motor vehicle or structure) ❑ 18 Pa.C.S. §3121 (relating to ❑ ❑ rape) ❑ 18 Pa.C.S. §3122.1 (relating ❑ ❑ to statutory sexual assault) ❑ 18 Pa.C.S. §3123(relating to ❑ ❑ involuntary deviate sexual intercourse) ❑ 18 Pa.C.S. §3124.1 (relating ❑ ❑ to sexual assault) ❑ 18 Pa.C.S. §3125 (relating to ❑ ❑ aggravated indecent assault) ❑ 18 Pa.C.S. §3126 (relating to ❑ ❑ indecent assault) ❑ 18 Pa.C.S. §3127 (relating to ❑ ❑ indecent exposure) ❑ 18 Pa.C.S §3129 (relating to ❑ ❑ sexual intercourse with animal) ❑ 18 Pa.C.S §3 130 (relating to ❑ ❑ conduct relating to sex offenders) ❑ 18 Pa.C.S. §3301 (relating to ❑ ❑ arson and related offenses) ❑ 18 Pa.C.S. §4302 (relating to ❑ ❑ incest) ❑ 18 Pa.C.S. §4303 (relating to ❑ ❑ 2 concealing the death of child) ❑ 18 Pa.C.S. §4304 (relating to ❑ ❑ endangering welfare of children) ❑ 18 Pa.C.S. §4305 (relating to ❑ ❑ dealing in infant children) ❑ 18 Pa.C.S. §5902(b) ❑ ❑ (relating to prostitution and related offenses) ❑ 18 Pa.C.S. §5903(c) or (d) ❑ ❑ (relating to obscene and other sexual materials and performances) ❑ 18 Pa.C.S. §6301 (relating to ❑ ❑ corruption of minors) ❑ 18 Pa.C.S. §6312 (relating to ❑ ❑ sexual abuse of children) ❑ 18 Pa.C.S. §6318 (relating to ❑ ❑ unlawful contact with minor) ❑ 18 Pa.C.S. §6320 (relating to ❑ ❑ sexual exploitation of children) ❑ 23 Pa.C.S. §6114 (relating to ❑ ❑ contempt for violation of protection order or agreement) ❑ Driving under the influence ❑ ❑ of drugs or alcohol ❑ Manufacture, sale, delivery, ❑ ❑ holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: 3 Check all Self Other household Date that apply member ❑ A finding of abuse by a Children & ❑ ❑ Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction ❑ Abusive conduct as defined under the ❑ ❑ Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction ❑ Other: ❑ ❑ 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child(ren): 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. dh • ure Catherine H. Pasewark Printed Name Dated: July 30 , 2014 4