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HomeMy WebLinkAbout13-3354 ' Supreme Court.of.Pennsylvania Cour" Com `>,Pleas tE For Prothonotary Use Only: Cv. et 7� }fir` Ct � E � t � $ County Docket No: <r tax r The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the rlin and service ofpleadings or other papers as required by law or rules of court. S Commencement of Action: ❑O Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: JPMORGAN CHASE BANK, Lead Defendant's Name: DOREEN K. APPEL A/K/A DOREEN T N.A. KAREN APPEL I Are money damages requested? El Yes N No Dollar Amount Requested: El within arbitration limits O (Check one) N outside arbitration limits N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑ Yes 21 No A Name of Plaintiff /Appellant's Attorney: Allison F. Zuckerman, Esq., Id. No.309519, Phelan Halligan, LLP ❑ Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) Nature of the Place an "X" to the left of the ONE case category that most accurately describes your Case PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies Q Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment 0 Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) ❑ Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: U ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration $ ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non- Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto • Dental ❑ Partition ❑ Replevin • Legal ❑ Quiet Title ❑ Other: • Medical ❑ Other: ❑ Other Professional: Pa.R.C.P, 205.5 Updated 0110112011 w 1=°;LE9, - CF [- -j0 ►cca�;cft�0 ;{F; 2 f UN I I AM 10: 19 CUMBERLAND COUNTY PENNSYLVANIA, PHELAN HALLINAN, LLP Allison F. Zuckerman, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 215 -563 -7000 JPMORGAN CHASE BANK, N.A. 1111 POLARIS PARKWAY COURT OF COMMON PLEAS COLUMBUS, OH 43240 CIVIL DIVISION Plaintiff V. TERM DOREEN K. APPEL A/K/A DOREEN KAREN APPEL NO. 4 ZENU ROAD MECHANICSBURG, PA 17055 -4811 CUMBERLAND COUNTY Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE P a l File #: 321135 � � i� � f ����� NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or' by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249 -3166 (800) 990 -9108 File #: 321135 1. Plaintiff is JPMORGAN CHASE BANK, N.A. 1111 POLARIS PARKWAY COLUMBUS, OH 43240 2. The name(s) and last known address(es) of the Defendant(s) are: DOREEN K. APPEL A/K/A DOREEN KAREN APPEL 4 ZENU ROAD MECHANICSBURG, PA 17055 -4811 who is /are the mortgagor(s) and /or real owner(s) of the property hereinafter described. 3. On 06/09/2008 DOREEN K. APPEL made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC AS NOMINEE FOR MORTGAGEIT, INC., which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200820763. By Assignment of Mortgage recorded 11/02/2012 the mortgage was assigned to JPMORGAN CHASE BANK, NATIOANAL ASSOCIATION, which Assignment is recorded in Assignment of Mortgage Instrument No. 201234113.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2012 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified File #: 321135 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 05/01/2013: Principal Balance $249,177.64 Interest $10,278.62 06/01/2012 through 04/30/2013 Late Charges $818.64 Property Inspections $126.00 Escrow Advance $3,945.40 TOTAL $264,346.30 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge. of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. File #: 321135 ' y WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $264,346.30, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HA LLP By: s n F rman, E , Id. No.309519 Attorn y for Plaintiff File #: 321135 — r LEGAL DESCRIPTION ALL THAT CERTAIN LOT OR PIECE OF GROUND. SITUATE IN THE TOWNSHIP OF LOWER ALLEN County of Cumberland and Commonwealth of Pennsylvania bounded and described according to a Final Subdivision Plan for Sheepford Crossing, Section 2, prepared by Whittock Hartman, Professional Engineers, Camp Hill, Pennsylvania, dated July 5, 1985 and revised October 16, 1985 and recorded April 10, 1986 in Plan Book 49, Page 143. BEGINNING at a point in the Southeast side of Zenu Road and a corner of Lot No. 91 on said Plan; thence extending along said road North 43 degrees 15 minutes 00 seconds East 120.00 feet to a point of tangency at the intersection with Ewe Road; thence extending along said intersection along a curve to the right having a radius of 30.00 feet, the arc distance of 47.10 feet to a point on the Southwest side of Ewe Road; thence extending along said road South 46 degrees 45 minutes 00 seconds East 80.00 feet to a point, a corner of Lot No. 85 on said Plan; thence extending along said lot South 43 degrees 15 minutes 00 seconds West 150.00 feet to a point a corner of Lot No. 91 on said Plan; thence extending along said lot North 46 degrees 45 minutes 00 seconds West 110.00 feet to the point and place of BEGINNING. BEING Lot No. 84 on said Plan. Containing 16,306.86 square feet. BEING THE SAME PREMISES which Shaun D. Appel and Doreen K. Appel by their deed dated June 23, 2003 and recorded July 3, 2003 in the Office of the Recorder of Deeds in and for File #: 321135 t Cumberland County in Deed Book 257, Page 4778 granted and conveyed unto Doreen K. Appel, Grantor herein. PARCEL 13 -26- 0251 -045 PROPERTY ADDRESS: 4 ZENU ROAD, MECHANICSBURG, PA 17055 -4811 PARCEL # 13 -26- 0251 -045 File #: 321135 Pennsylvania Verification 4"ereby states that he/ 6e President of JPMorgan Chase Bank, N.A. as Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information, and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. FicePre2idept Date: g/ JPMorgan Chase Bank, N.A. Borrower: DOREEN K. APPEL Property Address: 4 ZENU ROAD, MECHANICSBURG, PA 17055 -4811 County: CUMBERLAND Last Four of Loan Number: 0465 File #: 321135 FORM 1 IN THE COURT OF COMMON PLEAS JPMORGAN CHASE BANK, N.A. OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) t� VS. —i DOREEN K. APPEL A/K/A DOREEN KAREN APPEL () � 70 r Defendants Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSAWq ; 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 financial worksheet in the format attached hereto, the legal representative will prepare and 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 arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: `C Date son F. Zu ermai Es Id. q.> No.309519 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date 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 counseling agency. Please provide the following information to the best of your knowledge: • Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORRONVER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort2aize Food 2" d Mortga ge Utilities Car Pa ment s Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone Da /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling. Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I /We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I /we am /are under no obligation to use the counseling 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: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff =' # of i<tttrt6c• F4 r,,OT HOH I [\ Jody S Smith Rol U 20 P" 3 r, Chief Deputy �� � 2� Richard W Stewart I Solicitor �`,t ri T _ ._ ,F� li? iBERL A un COUPI PENNSYLVANtt� JPMorgan Chase Bank, N.A. Case Number vs. Doreen K Appel 2013-3354 SHERIFF'S RETURN OF SERVICE 06/14/2013 08:56 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Doreen K Appel at 4 Zenu Road, Lower Allen, Mechanicsburg, PA 17055. RYAN BURGETT, DEPU SHERIFF COST: $39.30 SO ANSWERS, June 17, 2013 RONNY ANDERSON, SHERIFF "re•;oscft. .,,. t F11L E ,OFIF CE ! HE PRO 1 HONG IARY 2013 SEP -6 AM 10. S'1. CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff JPMORGAN CHASE BANK, N.A. 1111 POLARIS PARKWAY Court of Common Pleas COLUMBUS, OH 43240 Civil Division Plaintiff Term V. No.2013-3354-Cl DOREEN K. APPEL A/K/A DOREEN KAREN APPEL 4 ZENU ROAD MECHANICSBURG, PA 17055-4811 Cumberland County Defendant MOTION TO LIFT CONCILIATION STAY Plaintiff, JPMorgan Chase Bank, N.A., Successor (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On June 11, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant for her failure to make monthly payments of principal and interest upon their mortgage due July 1, 2012, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit A. 2. On June 14, 2013,Plaintiff completed service of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice for the Defendants. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof and marked as Exhibit B. 814893 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint,the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendant failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty(60) days of service. 7. Since Defendant has opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Respectfully submitted, PHELAN HALLINAN,hLP Date: BY: e A caj J ep . chalk, Es uire Attorn y for Plaintiff 814893 Exhibit A 814893 Supreme Cau. -:.4f Pennsylvania COUP: M n Tleas For Prothonotary Use Only: CU County ,Docket No: ` r,* i •r The information collected on this form is used solely for court administration purposes. This form does not str lctttent ur ge lace thefiling and serviceofpleall n s or other La eri as.rc aired h .law or rules.o court. Commencement of Action: ©Complaint ❑Writ of Summons ❑Petition jE,+, ❑Transfer from Another Jurisdiction ©Declaration of Taking C Lead Plaintiff's Name: JPMORGAN CHASE BANK, Lead Defendant's Name: DOREEN K.APPEL A/K/A DOREEN T N.A. KAREN APPEL X Are money damages requested? ❑Yes 9 Na Dollar Amount Requested: ❑within arbitration limits 0 . (Check one O outside arbitration limits N Is this a Class Action Suit? ❑Yes IX-1 No Is this an MDJ Appeal? ❑ Yes 0 No A Name of Plaintiff/Appellant's Attorney: Allison F.Zuckerman,Esq.,Id.No.309519,Phelan Hallinan,LLP C3 Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Place an"X"to the left of the ONE case category that most accurately describes your Case: PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS D intentional ❑Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution ©Debt Collection:Credit Card 0 Board of Assessment Q Motor Vehicle O Debt Collection:Other O Board of Elections •Nuisance ❑Dept.of Transportation •Premises Liability D Statutory Appeal:Other •Product Liability(does not include mass tort) ❑Employment Dispute: _ ❑Slander/Libel/Defamation Discrimination E ©Other: ❑Employment Dispute:Other ©Zoning Board C Cl Other: T I MASS TORT D Other: Q O Asbestos N ❑Tobacco CI Toxic Tort-DES ❑Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ©Toxic Waste ❑Ejectment ❑Common Law/Statutory Arbitration $ O Other: ©Eminent Domain/Condemnation 0 Declaratory Judgment ❑Ground Rent 0 Mandamus ❑Landlord/Tenant Dispute ©Non-Domestic Relations CSI Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY ❑Mortgage Foreclosure:Commercial ©Quo Warranto ❑Dental ©Partition ©Replevin 0 Legal ©Quiet Title 0 Other: ❑Medical ©Other: ❑Other Professional: Pa.R.C.P. 20.5.5 Updated 01/0111011 FORM I IN THE COURT OF COMMON PLEAS JPMORGAN CHASE BANK,N.A. OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff(s) VS. > DOREEN K.APPEL A/K/A DOREEN KAREN APPEL Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have 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 financial worksheet in the format attached hereto,the legal representative will prepare and 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 worksbeet 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 arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date V on F.Zu ,ternian,Esq.,Id. I`1o.309519 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date 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 counseling agency. Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: State; Zip; Is the property for sale? Yes E] No Q Listing date: Price:$ Realtor Name: Realtor Phone: Borrower Occupied? Yes 0 No ❑ Mailing Address(if different): City: State: Zip: Phone Numbers: Homer Office: Cell: Other: Email: #of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? FINANCIAL INFOWWATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes&Insurance: Date of Last Payment: Primary Reason.for.Defaidt: Is the loan in Bankruptcy? Yes❑ No❑ If yes,provide names, location of court,case number&attorney:. Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $. Savings: $ $ Other: $ $ Automobile#1; Model: Year: • Amount owed: Value: Automobile#2: Model: Year: Amount owed: Value: Other transportation(automobiles,boats,motorcycles): Model: Year: Amount owed: Value Monthly Tnewne Name of Employers: 1. Monthly Gross Monthly Net 2.. -Monthly:Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description(not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses:_(Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT -------- ------- Mort a e Food 2nd Mort a e Utilities Car Payment(s) Condo/Neigh.Fees Auto Insurance Ivied.(not covered Auto fuel/re alp rs Other proR.pMment Install. Loan Pa ment Cable TV Child Su ort/Alim. Spending Money Da /Child Care/Tuit. Other Ex penses Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone(Office): Fax: Email: . Have you made application for Homeowners Emergency Mortgage Assistance Program(HEMAP) assistance? Yes ❑ No❑ If yes,please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No❑ If yes,please indicate the status of those negotiations:. Please provide the following information, if known,regarding your lender and lender's loan servicing company: Lender's Contact(Name):. Phone:.. . ._ Servicing Company(Name):,.,. Contact: Phone-.._ I/We, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose-of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the counseling 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: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill S. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement(if property is currently.on the market) t G C.) G -4 7C z© p tom,- � 'G O --A PHELAN HALLINAN,LLP Allison F.Zuckerman,Esq.,Id.No.309519 1617 JFK Boulevard,Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 JPMORGAN CHASE BANK,N.A. 1111 POLARIS PARKWAY COURT OF COMMON PLEAS COLUMBUS, OH 43240 CIVIL DIVISION Plaintiff V. TERM DOREEN K.APPEL A/K/A DOREEN KAREN APPEL NO. 3.� 33Sy to 4 ZENU ROAD MECHANICSBURG,PA 17055-4811 CUMBERLAND COUNTY Defendant CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE O 'dot. 9. R/d File 9: 321135 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages,you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so,the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO.ELIGIBLE.PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800)990-9108 File 1/: 321135 L Plaintiff is JPMORGAN CHASE BANK,N.A. 1111 POLARIS PARKWAY COLUMBUS, OH 43240 1 The name(s) and last known address(es) of the Defendants) are: DOREEN K.APPEL A/K/A DOREEN KAREN APPEL 4 ZENU ROAD MECHANICSBURG,PA 17055-4811 who is/are the mortgagor(s)and/or real owner(s) of the property hereinafter described. 3. On 06/09/2008 DOREEN K. APPEL made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC AS NOMINEE FOR MORTGAGEIT, INC., which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200820763. By Assignment of Mortgage recorded 11/02/2012 the mortgage was assigned to JPMORGAN CHASE BANK,NATIOANAL ASSOCIATION,which Assignment is recorded in Assignment of Mortgage Instrument No. 201234113.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4.. The premises subject to said mortgage is described as attached. 5, The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2012 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified File#: 321135 by written notice sent to Mortgagor,the entire principal balance and all interest due thereon are collectible forthwith. 6; The following amounts are due on the mortgage as of 05/01/2013: Principal Balance $249,177.64 Interest $10,278.62 06/01/2012 through 04/30/201.3 Late Charges $818:,64 Property Inspections $126.00 Escrow Advance $3;945.40 TOTAL $264,346.30 7, Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s)has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. ; 8. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. File k: 321135 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $264,346.30, together with interest,costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs,and for the foreclosure and sale of the mortgaged-property. PHELAN RA -r LLP By.. ' s n P rnian,,E` „ Id.No.309519 Attor� y for Plaintiff File#: 321 135 LEGAL DESCRIPTION ALL THAT CERTAIN LOT OR PIECE OF GROUND. SITUATE IN THE TOWNSHIP OF LOWER ALLEN County of Cumberland and Commonwealth of Pennsylvania bounded and described according to a Final Subdivision Plan-for Sheepford Crossing, Section 2, prepared by Whittock Hartman, Professional Engineers, Camp Hill, Pennsylvania, dated July 5, I985 and revised October 16, 1985 and recorded April 10, 1,986 in Plan Book 49,Page 143. BEGINNING at a point in the Southeast side of Zenu Road and a corner of Lot No. 91 on said Plan;thence extending along.said road North 43 degrees 15 minutes 00 seconds East 120.00-feet to a point of tangency at the intersection with Ewe Road; thence extending along said intersection along a curve to the right having a radius of 30.00 feet, the are distance of 47.10 feet to a point on the Southwest side of Ewe Road;thence extending along said road South 46 degrees 45 minutes 00 seconds East 80.00 feet to a point;a corner of Lot No. 85 on said Plan; thence extending along said lot South 43 degrees 15 minutes 00 seconds West 150.00 feet to a point a corner of Lot No. 91 on said Plan; thence extending along said lot North 46 degrees 45 minutes 00 seconds West 110.00 feet to the point and place of BEGINNING. BEING Lot No. 84 on said Plan. Containing 16,306.86 square feet. BEING THE.SAME PREMISES which`Shaun D. Appel and Doreen K. Appel by their deed dated June 23, 2003 and recorded July 3, 2003 in the Office of the Recorder of Deeds in and for File fl: 32 1 I35 Cumberland County in Deed Book 257,Page 4778 granted and conveyed unto Doreen K. Appel, Grantor herein. PARCEL 13-26-0251-045 PROPERTY ADDRESS: 4 LENU ROAD, MECHANICSBURG, PA 17055-4811 PARCEL# 13-26-0251-045 f File fl: 321135 M Pennsylvania Verification reby states that he, .e Vice President of JPMorgan Chase Bank,N.A- as Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information, and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Vice PTes:idq t Date: j JPMorgan Chase Bank, N.A. Borrower: DOREEN K. APPEL Property Address: 4 ZENU ROAD, M.ECH.ANICSBUR.G, PA 17055-4811 County: CUMBERLAND Last Four of Loan Number: 0465 File#: 32113s Exhibit B 814893 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith 44 Chief Deputy Richard W Stewart solicitor JPMorgan Chase Bank, N.A. vs. Case Number Doreen K Appel 2013-3354 SHERIFF'S RETURN OF SERVICE 0611412013 08:56 PM-Deputy Ryan Burgett, being duly sworn according to law,served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant,to wit: Doreen K Appel at 4 Zenu Road, Lower Allen,Mechanicsburg, PA 17055 RYAN BURGETT, DEPU SHERIFF COST: $39.30 SO ANSWERS, June 17,2013 RONW R ANDERSON,SHERIFF It)Courqsulfa swftjsaow lac. PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff JPMORGAN CHASE BANK,N.A. Court of Common Pleas 1111 POLARIS PARKWAY COLUMBUS, OH 43240 Civil Division Plaintiff Tenn V. No. 2013-3354-CIVIL DOREEN K. APPEL A/K/A DOREEN KAREN APPEL Cumberland County- 4 ZENU ROAD MECHANICSBURG, PA 17055-4811 Defendant CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: DOREEN K. APPEL A/K/A DOREEN KAREN APPEL 4 ZENU ROAD MECHANICSBURG, PA 17055-4811 Date: 15 By: Jo A. chalk, Esquire o ey r Plaintiff 814893 r , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK,N.A. 1111 POLARIS PARKWAY Court of Common Pleas COLUMBUS, OH 43240 Civil Division Plaintiff Term V. No.2013-3354-CIVIL DOREEN K. APPEL A/K/A DOREEN KAREN APPEL 4 ZENU ROAD Cumberland County MECHANICSBURG, PA 17055-4811 Defendant ORDER AND NOW,this /b day of 1�•�o�'tM'`V , 2013, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby. ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. BY THE COURT: J. ' Pic! 1 C: C= r~ _<C �'h 91) <� z° c .. .� Cam '. 814893 s r CC : Doreen K. Appel Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff PHELAN HALLINAN, LLP Joseph P. Schalk,Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 171.01 215-563-7000 DOREEN K. APPEL A/K/A DOREEN KAREN APPEL 4 ZENU ROAD MECHANICSBURG,PA 17055-4811 814893 L FILED-OFFIU lHL { r"�OT;IOtiOTA ' PHELAN HALLINAN, LLP ! t'40 V 19 AN 1: 4 Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1.400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 191.03 Adam.Davis@PhelanHallinan.com 21.5-563-7000 JPMORGAN CHASE BANK,N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS DOREEN K. APPEL CIVIL DIVISION A/K/A DOREEN KAREN APPEL No. 13-3354-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment"in favor of the Plaintiff and against DOREEN K.APPEL A/K/A DOREEN KAREN APPEL, Defendant(s)for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows:. As set forth in Complaint $264,346.30 TOTAL $264,346.30 I hereby certify that(1) the Defendant's last known address is 4 ZENU ROAD, MECHANICSBURG, PA 17055-4811, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. "f Date /� _ Adam H. Davis,Esq., Id. No.T0 34 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. 7� # ' DATE: PH#814893 PROTHONOTARY t ,ul 61&-S _al 8r4893 agF3ctl �lU�t a ftjo-c` I� } PHELAN HALLINAN,LLP Attorney for Plaintiff Adam H.Davis,Esq., Id. No.203034 1617 JFK Boulevard,Suite 1.400 One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis @PhelanHallinan.com 215-563-7000 JPMORGAN CHASE BANK,N.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CIVIL DIVISION DOREEN K.APPEL A/K/A DOREEN KAREN APPEL No. 13-3354-CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant DOREEN K. APPEL A/K/A DOREEN KAREN APPEL is over 18 years of age and resides at 4 ZENU ROAD, MECHANICSBURG, PA 17055-4811. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Phelan Hallinan,LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 1.9103 215-563-7000 814893 �`- Dr3partment of Defense Manpower Data Center Results as of:Nov-18-2013 12:09:09 SCRA 3.0 stet tom'Repoft Pmumt to Servieemembas Civil Relief Act Last Name: APPEL First Name: DOREEN Middle Name: K Active Duty Status As Of: Nov-18-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA NA This response reflects the mtlividdals'active duty status based on the Ac9ve OutyS.,+taatus Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date f� Status Service Component NAIL. ' ;!,NA .'„-,.•-''..'4 ".�1 1 �. j _.Nom s�trr ji � NA This response reflects where the.individual left aZ4'duty status within 367 days preceding the A_clive 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 ��•- Statusj Service Component NANA.:✓� ..^ _ �;?,/-•�[' No i"r;! NA This response reflects whether the individual or his/her unit has received early notificationi to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 � n (Rule of Civil Procedure No. 236) -Revised JPMORGAN CHASE BANK,N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS DOREEN K. APPEL A/K/A DOREEN KAREN APPEL CIVIL DIVISION No. 13-3354-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 814893 s► e L S+ JPMORGAN CHASE BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. DOREEN K.APPEL A/K/A DOREEN KAREN NO. 13-3354-CIVIL APPEL Defendant(s) CUMBERLAND COUNTY TO: DOREEN K.APPEL A/K/A DOREEN KAREN APPEL 4 ZENU ROAD F MECHANICSBURG,PA 17055-481.1 DATE OF NOTICE:,__ r THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST } PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU { ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 1 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO.FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (71.7)249-3166 By:. RA44n Lobb,Esq.,.Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#814893 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 JPMORGAN CHASE BANK,N.A. COURT OF COMMON PLEAS Plaintiff V. CIVIL DIVISION NO.: 13-3354-CIVIL DOREEN K.APPEL A/K/A DOREEN KAREN APPEL Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $264,346.30 Interest from 11/20/2013 to Date of Sale $4,909.85 ($43.45 per diem) TOTAL $269,256.15 Phelan Hallinan,LLP Adam H.Davis,_Esq.,Id.No.203034 Attorney for Plaintiff Note: Please attach description of property. PH#814893 - . V-11 Fri c.s"+ J r rr �y6S a 1 � . as -bw WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-3354 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 DOREEN K. APPEL A/K/A DOREEN KAREN APPEL (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: $264,346.30 L.L.: $.50 Interest FROM 11/20/2013 TO DATE OF SALE($43.45 PER DIEM)-$4,909.85 Atty's Comm: Due Prothy: $2.25 Atty Paid: $188.05 Other Costs: Plaintiff Paid: Date: 11/19/13 :'�. `,* David D. Bu 1,Prothonot Seal r Deputy REQUESTING-PARS TY: Name: ADAM H.DAVIS,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BLVD.,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.203034 LEGAL DESCRIPTION ALL THAT CERTAIN LOT OR PIECE OF GROUND. SITUATE IN THE TOWNSHIP OF LOWER ALLEN County of Cumberland and Commonwealth of Pennsylvania bounded and described according to a Final Subdivision Plan for Sheepford Crossing,Section 2,prepared by Whittock Hartman,Professional Engineers,Camp Hill,Pennsylvania,dated July 5, 1985 and revised October 16, 1985 and recorded April 10, 1986 in Plan Book 49,Page 143. BEGINNING at a point in the Southeast side of Zenu Road and a corner of Lot No. 91 on said Plan;thence extending along said road North 43 degrees 15 minutes 00 seconds East 120.00 feet to a point of tangency at the intersection with Ewe Road;thence extending along said intersection along a curve to the right having a radius of 30.00 feet,the arc distance of 47.10 feet to a point on the Southwest side of Ewe Road;thence extending along said road South 46 degrees 45 minutes 00 seconds East 80.00 feet to a point,a corner of Lot No.85 on said Plan;thence extending along said lot South 43 degrees 15 minutes 00 seconds West 150.00 feet to a point a corner of Lot No. 91 on said Plan; Thence extending along said lot North 46 degrees 45 minutes 00 seconds West 110.00 feet to the point and place of BEGINNING. BEING Lot No. 84 on said Plan.Containing 16,306.86 square feet. TITLE TO SAID PREMISES IS VESTED IN Doreen K. Appel, a single woman, by Deed from Doreen K. Appel, a single woman and Todd M. Edwards, a single man, dated 06/09/2008, recorded 06/20/2008 in Instrument Number 200820762. PREMISES BEING:4 ZENU ROAD,MECHANICSBURG,PA 17055-4811 PARCEL NO. 13-26-0251-045 FILED-Cl-FICt_. PHELAN HALLINAN, LLP OF T 144 P R O T!i 0 N 0 TA R 1 Attorneys for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 2013 NOV 19 Aid 1!: 46 One Penn Center Plaza CUMBERLAND COUNTY Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com PENNSYLVANIA 215-563-7000 JPMORGAN CHASE BANK, N.A. COURT OF COMMON PLEAS Plaintiff , CIVIL DIVISION V. NO.: 13-3354-CIVIL DOREEN K.APPEL A/K/A DOREEN KAREN APPEL Defendant(s) CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91. procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: i:✓ f . Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff L , JPMORGAN CHASE BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 13-3354-CIVIL DOREEN K.APPEL A/K/A DOREEN KAREN APPEL Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 JPMORGAN CHASE BANK,N.A.,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 4 ZENU ROAD, MECHANICSBURG,PA 170554811. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) DOREEN K.APPEL 4 ZENU ROAD A/K/A DOREEN KAREN APPEL MECHANICSBURG,PA 17055-4811 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) DOREEN K.APPEL 4 ZENU ROAD A/K/A DOREEN KAREN APPEL MECHANICSBURG,PA 17055-4811 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be ""'-, reasonably ascertained,please indicate) _ w CITFED MORTGAGE CORPORATION OF ONE CITIZENS FEDERAL DRIVEa AMERICA DAYTON,OH 45402 CITFED MORTGAGE CORPORATION OF 116 ALLEGHENY CENTER MALL '''-- AMERICA PITTSBURGH,PA 15222 J'r-) _ CIO INTEGRA MORTGAGE COMPANY C ° 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be. reasonably ascertained,please indicate) None. PH# 814893 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 4 ZENU ROAD MECHANICSBURG,PA 17055-4811 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: W" By: L% t t Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH# 814893 _E'u-0F ?C JPMORGAN CHASE BANK,N.A. COURT OF COMMON PLEAS 2?13 MY 19 AH 11: 6 . C UMBERL ND C©Ui, I'Plaintiff CIVIL DIVISION VS. PENNSYLVANIA NO.: 13-3354-CIVIL DOREEN K.APPEL A/K/A DOREEN KAREN APPEL Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DOREEN K. APPEL A/K/A DOREEN KAREN APPEL 4 ZENU ROAD MECHANICSBURG, PA 17055-4811 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house(real estate)at 4 ZENU ROAD,MECHANICSBURG,PA 17055-4811 is scheduled to be sold at the Sheriff's Sale on 03/12/2014 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street,Carlisle,PA 17013 to enforce the court judgment of$264,346.30 obtained by JPMORGAN CHASE BANK,N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 31.29.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 21.5-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to'the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty(30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800) 990-9108 i• SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-3354-CIVIL JPMORGAN CHASE BANK,N.A. V. DOREEN K.APPEL A/K/A DOREEN KAREN APPEL owner(s) of property situate in LOWER ALLEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 4 ZENU ROAD, MECHANICSBURG, PA 17055-4811 Parcel No. 13-26-0251-045 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $264,346.30 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN LOT OR PIECE OF GROUND. SITUATE IN THE TOWNSHIP OF LOWER ALLEN County of Cumberland and Commonwealth of Pennsylvania bounded and described according to a Final Subdivision Plan for Sheepford Crossing,Section 2,prepared by Whittock Hartman,Professional Engineers,Camp Hill,Pennsylvania,dated July 5, 1985 and revised October 1.6, 1985 and recorded April 10, 1986. in Plan Book 49,Page 1.43. BEGINNING at a point in the Southeast side of Zenu Road and a corner of Lot No. 91 on said Plan;thence extending along said road North 43 degrees 15 minutes 00 seconds East 120.00 feet to a point of tangency at the intersection with Ewe Road;thence extending along said intersection along a curve to the right having a radius of 30.00 feet,the arc distance of 47.10 feet to a point on the Southwest side of Ewe Road;thence extending along said road South 46 degrees 45 minutes 00 seconds East 80.00 feet to a point,a corner of Lot No. 85 on said Plan;thence extending along said lot South 43 degrees 1.5 minutes 00 seconds West 150.00 feet to a point a corner of Lot No.91 on said Plan; Thence extending along said lot North 46 degrees 45 minutes 00 seconds West 110.00 feet to the point and place of BEGINNING. BEING Lot No.84 on said Plan.Containing 16,306.86 square feet. TITLE TO SAID PREMISES IS VESTED IN Doreen K. Appel, a single woman, by Deed from Doreen K. Appel, a single woman and Todd M. Edwards, a single man, dated 06/09/2008, recorded 06/20/2008 in Instrument Number 200820762. PREMISES BEING:4 ZENU ROAD,MECHANICSBURG,PA 17055-4811 PARCEL NO. 13-26-0251-045 r! - r �4r T 1 lL.(, /�� 7t1Y( f-. 2013 DEC 23 A ICJ: CUMBERLAND C Lt PENNS YLVq°U i Y Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,N.A. • Court of Common Pleas • Plaintiff • Civil Division • v. • CUMBERLAND County • DOREEN K. APPEL A/K/A DOREEN KAREN APPEL • No.: 13-3354-CIVIL Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP,moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on June 11, 2013. 2. Judgment was entered on November 19, 2013 in the amount of$264,346.30. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item 814893 which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on March 12, 2014. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $249,177.64 Interest Through March 31, 2014 $20,557.24 Late Charges $818.64 Legal fees $1,550.00 Cost of Suit and Title $738.05 Property Inspections $140.48 Appraisal/Brokers Price Opinion $315.80 Mortgage Insurance Premium/Private Mortgage Insurance $485.45 Escrow Deficit $6,601.18 TOTAL $280,384.48 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on December 19, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9)and certification of mailing are attached hereto, made part hereof, and marked as Exhibit"B". 814893 10. No judge has previously entered a ruling in this case. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: 4243 By: John D. Kro , Esquire ATTORNEY FOR PLAINTIFF 814893 Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 j ohn.krohn @phelanhallinan.corn 215-563-7000 JPMORGAN CHASE BANK, N.A. • Court of Common Pleas Plaintiff • • Civil Division • v. • CUMBERLAND County • DOREEN K. APPEL A/K/A DOREEN KAREN APPEL No.: 13-3354-CIVIL Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE DOREEN K. APPEL A/K/A DOREEN KAREN APPEL executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 4 ZENU ROAD, MECHANICSBURG, PA 17055-4811. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. 814893 In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly,after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect 814893 its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns,414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276(1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 814893 III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel,424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the 814893 outstanding balance due on the loan. If the Property were damaged in a fire,Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly,the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included 814893 in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. 814893 The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code 814893 violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. 814893 • WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: X2121,3 By: ...- —� John D. Kr , Esquire Attorney for Plaintiff 814893 Exhibit "A" 814893 �r raLrEi oTHOUOTAR'. PHELAN HALLINAN,LLP 2013 NOV 19 4t1d+: Attorney for Plaintiff Adam H. Davis,Esq., Id. No.203034 �UF�fBERL AND COUNTY 1617 JFK Boulevard, Suite 1400 IBERL ND COU One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 JPMORGAN CHASE BANK,N.A. : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS DOREEN K.APPEL : CIVIL DIVISION A/K/A DOREEN KAREN APPEL : No. 13-3354-CIVIL • PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against DOREEN K.APPEL A/K/A DOREEN KAREN APPEL,Defendant(s)for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows:. As set forth in Complaint $264,346.30 TOTAL $264,346.30 I hereby certify that(1)the Defendant's last known address is 4 ZENU ROAD, MECHANICSBURG, PA 17055-4811, and (2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. • Date 11/1171.3 Adam H. Davis,Esq., Id. No.203034 . Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 1 PH#814893 PROTHONOTARY g sop.1 affy C4/ I'3(,,ps's' 8 T4893•aLs3ct1 .1...4.)04., t oidai Exhibit "B" 814893 PHELAN N .^^ ~.~~~.^ .^ N, '_--_ 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (2]5) 563-7O00 FAX#: (215) 563-3459 Phelan [{ul\ioau, [.L.P Representing Lenders in Pennsylvania December 12, 2013 DOREEN K. APPEL AIK/&DOREEN KAREN APPEL 4 ZENU ROAD MTICHANlCSDTJR(],PAi7055-48ii RE: Jl/M0RGAN CHASE BANK, N.A. n. D()R2ENK. A|`yEi., A8(/ADUQ£ENKAREN /\PPEI. Premises Address:4ZENDBOAIJIVIECI{ANlC0E\lJllG,P/\ 17055 CUMBERLAND County CCY,No. l3-33j4-Cl\/Il. Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), lam seeking your concurrence with the requested relief that is, increasIng the amount of the judgment. Please respond to me within 5 days, by 12/18/20I3. Should YOU have further questions or concerns.please do not hesitate to contact me. Otherwise,please he guided u000rdhugly. Very truly your y` John O. Kzobo, C Id.No.3l2244 Attorney for Plaintiff Enclosure 814893 • ttO 1 '3 € 1411eiiT0C .. 4 ,-.,0 „,, °s,�� j 3Oa, arl ' ON ' �7 a UI' g 1 i...s—1 z hilt 0. 1..vg.z^4 z e al IHIN g E DI d ii C ,.. 1� I n . a. l' ' :4- ' z 1t 12 0 / , Z1 15 w 4 i'''1A1 § pi Z o " ist + 0vex f' s ti 4 b a> „✓� � ,l ;A''cs ?'�,�,j4 k � � '°✓�ps"� *�".- �� .is. - �„- �Ra`_ sn� �;�"� � �Q�' ,_ �x`z;�� "ja�` Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,N.A. • Court of Common Pleas Plaintiff . • Civil Division • v. •: CUMBERLAND County DOREEN K. APPEL . A/K/A DOREEN KAREN APPEL • No.: 13-3354-CIVIL • Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. DOREEN K. APPEL A/K/A DOREEN KAREN APPEL 4 ZENU ROAD MECHANICSBURG, PA 17055-4811 Phelan Hallinan,LLP DATE: /2/20/13 By: 20"----- John D. Kr , Esquire ATTORNEY FOR PLAINTIFF 814893 I 4 , , ,, r , , , CUMBE.P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK,N.A. Court of Common Pleas Plaintiff : Civil Division v. .• • CUMBERLAND County DOREEN K. APPEL : A/K/A DOREEN KAREN APPEL No.: 13-3354-CIVIL Defendant RULE AND NOW, this 3 )` day of...s.. 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. ce?" ,/ BY T. " COURT J. 1 ■ T 47 ,3\ 814893 I John D. Krohn,Esq.,Id.No.312244 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 DOREEN K. APPEL A/K/A DOREEN KAREN APPEL 4 ZENU ROAD MECHANICSBURG, PA 17055-4811 •OR 814893 ,Dr oW age aefe ntil •tio • 814893 I ear'JAN -9 PH 12 13 T CUtIBERLAID COUNTY EttVS YLVANI A Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,N.A. : Court of Common Pleas Plaintiff • • Civil Division vs. • CUMBERLAND County DOREEN K. APPEL • A/K/A DOREEN KAREN APPEL No.: 13-3354-CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's December 30, 2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. DOREEN K. APPEL A/K/A DOREEN KAREN APPEL 4 ZENU ROAD MECHANICSBURG, PA 17055-4811 Phel. I al 'nail, L DATE: By: h .4 r Jona,an . tkowicz, Esq., Id. No.208786 Atto r ey for Plaintiff 814893 + t U rt' S u JAN 23 $MII: 21+ ALINTy h'PJSYLVANIA Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,N.A. Court of Common Pleas Plaintiff • • Civil Division vs. • CUMBERLAND County DOREEN K. APPEL • A/K/A DOREEN KAREN APPEL • No.: 13-3354-CIVIL Defendant MOTION TO MAKE RULE ABSOLUTE JPMORGAN CHASE BANK, N.A., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on December 23, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on December 12, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 814893 3. A Rule was issued on December 30, 2013 directing the Defendant to show cause by January 20, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on January 8, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 20, 2014. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. Phelan Hallinan, LLP DATE: I f2..2//'-( By: J athan Lobb, Esq.,Id. No.312174 Attorney for Plaintiff 814893 Exhibit "A" 814893 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania December 12,2013 DOREEN K.APPEL A/K/A DOREEN KAREN APPEL 4 ZENU ROAD MECHANICSBURG,PA 17055-4811 RE: JPMORGAN CHASE BANK,N.A. v. DOREEN K. APPEL,A/K/A DOREEN KAREN APPEL Premises Address: 4 ZENU ROAD MECHANICSBURG,PA 17055 CUMBERLAND County CCP,No. 13-3354-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 12/18/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, John D. Krohn,Es Id. No.312244 Attorney for Plaintiff Enclosure 814893 t:bfll It 030 16 t t 9C 1000 o� }Q 6L l0 sat6t dI7 ��:' _ O° s3J C:43 A3Niki 00RoviSOd ss, Elm Z t :a. a . 1 8 4. 4.V'7 4 r r9 1_1.1=-2 C CC O .0 - E .. 1 $ �. gN E it . / a ,rte.,:`a r. . k i a 1..• C O.. G v • 1P.. 4 x.141 a li 14 w 0 0 V < Tj 2 d w _ ••_...H.Iteia_„ _ .. . .. " .72), 7 .<4it 4....6. " ... .... • .. . -ti , . 04 . q - • u::a� o Fcd PN OM j * 0 U. wtx 4I 6. , Exhibit "B" 814893 hr _ • r • LUMBEC PEN„ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK,N.A. • Court of Common Pleas Plaintiff • • Civil Division v. CUMBERLAND County DOREEN K. APPEL A/K/A DOREEN KAREN APPEL • No.: 13-3354-CIVIL Defendant RULE AND NOW,this 3)` day of sb.4._..4-d 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court,Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY T. COURT -` • / 4. J. ,3f Nfe 814893 • 1II John D.Krohn,Esq.,Id.No.312244 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 DOREEN K. APPEL A/K/A DOREEN KAREN APPEL 4 ZENU ROAD MECHANICSBURG,PA 17055-4811 I OR 814893 +DT ow age Iefe ntil ,tio • < 1✓ 814893 Exhibit "C" uO T R Nfl to xAft Y 10I 4 JAN —9 P1! ; 13 l laMBEENRt,AriL,0 CO PENNSYygNlUNTY q Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,N.A. : Court of Common Pleas Plaintiff . 4 Civil Division vs. '6 A CUMBERLAND County DOREEN K. APPEL A/K/A DOREEN KAREN APPEL No.: 13-3354-CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's December 30,2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. DOREEN K. APPEL A/K/A DOREEN KAREN APPEL 4 ZENU ROAD MECHANICSBURG, PA 17055-4811 Phel, -Jai "Ilan, LI. f DATE: y By: Jona an 4. l tkowiez,Esq.,Id.No.208786 Atto ey for Plaintiff 814893 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,N.A. Court of Common Pleas • Plaintiff Civil Division vs. • CUMBERLAND County • DOREEN K. APPEL A/K/A DOREEN KAREN APPEL • No.: 13-3354-CIVIL • Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. DOREEN K. APPEL AJK/A DOREEN KAREN APPEL 4 ZENU ROAD MECHANICSBURG,PA 17055-4811 Phelan Hallinan, LLP DATE: I /�-Z //y' By: Jo han Lobb, Esq., Id. No.312174 Attorney for Plaintiff 814893 l i 1: LCD-C THE' PROTHONOTARY 2014 JAN 27 PM 3 56 CUMBERLAND COUNTY IN THE COURT OF COMMON PLEAS PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK,N.A. Court of Common Pleas Plaintiff VS. Civil Division DOREEN K. APPEL CUMBERLAND County A/K/A DOREEN KAREN APPEL No.: 13-3354-CIVIL Defendant ORDER AND NOW, this 2-4 ' day of 9",," , 2014, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tune as follows: Principal Balance $249,177.64 Interest Through March 31, 2014 $20,557.24 Late Charges $818.64 Legal fees $1,550.00 Cost of Suit and Title $738.05 Property Inspections $140.48 Appraisal/Brokers Price Opinion $315.80 Mortgage Insurance Premium/Private Mortgage Insurance $485.45 Escrow Deficit $6,601.18 TOTAL $280,384.48 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. LL `/' / HE C( JI�' nr ( 'f J. A4 L. �b �. E� 814893 PHELAN HALLINAN, LLP ti Fr-3 I r '} Attorney for Plaintiff ' u 13 , One Penn Center Plaza nu,'iSE RL A Pip end 1617 JFK Boulevard, Suite 1400 PENN s Y j y/, 1(J Philadelphia, PA 19103 jonathan.etkowiez@phelanhallinan.com 215-563-7000 • JPMORGAN CHASE BANK,N.A. • CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS • v. CIVIL DIVISION • DOREEN K. APPEL NO. 13-3354-CIVIL • A/K/A DOREEN KAREN APPEL Defendant MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendant, DOREEN K. APPEL, A/K/A DOREEN KAREN APPEL, by certified mail and regular mail to DOREEN K. APPEL, A/K/A DOREEN KAREN APPEL at 4 ZENU ROAD, MECHANICSBURG, PA 17055-4811 and posting 4 ZENU ROAD, MECHANICSBURG, PA 17055-4811 and publication pursuant to PA.R.C.P. 3129.2 (D) and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for March 12, 2014. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendant be served with a notification of Sheriffs Sale at least thirty(30) days prior to the scheduled sale date. 3. Attempts to serve Defendant, DOREEN K. APPEL, A/K/A DOREEN KAREN APPEL, with the Notice of Sale at the mortgaged premises, 4 ZENU ROAD, MECHANICSBURG, PA 17055-4811, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A".No service made as the property is vacant. 4. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". 5. Plaintiff contacted the Prothontary's Office and as of December 26, 2013, no Judge has previously entered a ruling in this case. 6. In accordance with CUMBERLAND County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on January 17, 2014 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs January 17, 2014 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 7. Plaintiff submits that it has made a good faith effort to locate the Defendant, DOREEN K. APPEL,A/K/A DOREEN KAREN APPEL, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to DOREEN K. APPEL,A/K/A DOREEN KAREN APPEL at 4 ZENU ROAD, MECHANICSBURG, PA 17055-4811 and posting 4 ZENU ROAD, MECHANICSBURG, PA 17055-4811 and by publication. Phelan at lin • L '(i DATE: By: IuJ1I Jolla . . Etkowicz, Esquire B.V D No: 208786 Attorney for Plaintiff PHELAN HALLINAN,LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 • JPMORGAN CHASE BANK,N.A. • CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS v. : CIVIL DIVISION • DOREEN K. APPEL NO. 13-3354-CIVIL • A/K/A DOREEN KAREN APPEL Defendant PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P. Rule 3129.2(c)provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in subparagraph(A) or (B),the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment,the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant, DOREEN K. APPEL, A/K/A DOREEN KAREN APPEL, are unknown, a reasonable investigation of his/her last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure Rule 430(a)provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A sheriff's return of"not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales v. Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a"good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and(3)examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the of return of service, hereto as Exhibit "A",the process server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P. Rule 430 by certified and regular mail to DOREEN K. APPEL, A/K/A DOREEN KAREN APPEL at 4 ZENU ROAD, MECHANICSBURG, PA 17055-4811 and posting 4 ZENU ROAD, MECHANICSBURG, PA 17055-4811 and by publication pursuant to PA.R.C.P. 3129.2. Phel. ' . I an LP DATE: ti By: rail/ onat • M. Etkowicz, Esq., Id. No.208786 A' •rney for Plaintiff PHELAN HALLINAN,LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 • JPMORGAN CHASE BANK,N.A. . : CUMBERLAND COUNTY Plaintiff : COURT OF COMMON PLEAS • v. CIVIL DIVISION DOREEN K. APPEL NO. 13-3354-CIVIL A/K/A DOREEN KAREN APPEL . • Defendant CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Exhibits in the above captioned matter were sent by first class mail,postage prepaid to the following interested parties on the date indicated below. DOREEN K. APPEL 4 ZENU ROAD MECHANICSBURG, PA 17055-4811 Phelan Hallinan, LLP it DATE: I � By: f i Jo . Etkowicz, Esq., Id.No.208786 A y for Plaintiff EXHIBIT "A" AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK,N.A. PH#814893 DEFENDANT SERVICE TEAM/lxh DOREEN K.APPEL A/K/A DOREEN KAREN APPEL COURT NO.:13-3354-CIVIL SERVE DOREEN K.APPEL A/K/A DOREEN KAREN APPEL AT: TYPE OF ACTION 4 ZENU ROAD XX Notice of Sheriff's Sale MECHANICSBURG,PA 17055-4811 SALE DATE: March 12,2014 SERVED Served and made known to DOREEN K.APPEL A/K/A DOREEN KAREN APPEL,Defendant on the_day of ,20 ,at ,o'clock .M.,at, ,in the manner described below: _Defendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age Height Weight Race Sex. Other I, ,a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S.Sec.4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME: TITLE: On the ,3 day of V10.141- 20��,at 1 o'clock M.,I,, `Pet'11)1-',a competent adult hereby sta t TT 'endant IM 3UNT 6'ecause: Vacant Does Not ist Moved _Does Not Reside(Not Vacant) No Answer on 1212. at 71) at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to a oritics. BY: '" PRINTED NAME: adaki ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 4 EXHIBIT "B " AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 814893 Attorney Firm: Phelan Hallinan,LLP Subject: Doreen K. Appel Property Address: 4 Zenu Road,Mechanicsburg,PA 17055 I.CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Doreen K.Appel-xxx-xx-8702 B. EMPLOYMENT SEARCH Doreen K.Appel-A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Doreen K.Appel reside(s) at:4 Zenu Road, Mechanicsburg,PA 17055. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases,which indicated that Doreen K. Appel reside(s) at:4 Zenu Road,Mechanicsburg,PA 17055.On 12-20-13 our office made a telephone call to the subject's phone number(717)975-7822 and received the following information: disconnected. III. INQUIRY OF NEIGHBORS On 12-20-13 our office made several phone calls in an attempt to contact Cynthia H. Sklar(717) 731-9032,3 Zenu Road,Mechanicsburg,PA 17055:answering machine. On 12-20-13 our office made several phone calls in an attempt to contact William Reeves (717) 761-6820,1 Zenu Road,Mechanicsburg,PA 17055: answering machine. On 12-20-13 our office made a phone call in an attempt to contact Harriet A.Paul (717)303-5993,2 Zenu Road,Mechanicsburg,PA 17055: disconnected. IV.ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 12-20-13 we reviewed the National Address database and found the following information:Doreen K.Appel-4 Zenu Road,Mechanicsburg,PA 17055. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors,the following is a possible mailing address:no addresses on file. V.OTHER INQUIRIES A. DEATH RECORDS As of 12-20-13 Vital Records and all public databases have no death record on file for Doreen K.Appel. VI.ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Doreen K.Appel-1965 B. A.K.A. Doreen Karen Appel;Doreen K.Brantber;Doreen K.Chappell;Doreen R.Chappell *Our accessible databases have been checked and cross-referenced for the above named individual(s). *Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge,information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa ,...'. :-c.4904 relating to unsworn falsification to authorities. The above information is obtained from available public records and we are only liable for the cost of the affidavit. EXHIBIT “C ” 626696 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail lily.hainey @phelanhallinan.com LILY HAINEY, Legal Assistant, Ext. 1401 Representing Lenders in Service Department Pennsylvania January 17, 2014 DOREEN K. APPEL, A/K/A DOREEN KAREN APPEL 4 ZENU ROAD MECHANICSBURG, PA 17055-4811 RE: JPMORGAN CHASE BANK,N.A. v. DOREEN K. APPEL Premises Address: 4 ZENU ROAD,MECHANICSBURG, PA 17055-4811 CUMBERLAND County,No. 13-3354-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by January 24, 2014. Should you have any further questions or concerns,please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, LILY HAINEY,Legal Assistant for Phelan Hallinan, LLP 814893 -- ..wms..,r_.�.__ ........,ww.w„y..�._ S , _—...,,K,� ...,.. .. �✓w a.. . tea., y r awuawe-±e.,+w.- 1 i I 1 r '[]�ty�� r LLy�_� r, it W�1y����� [y rxiVfN�f NNf![31 JV17 �y"T'�WYBurk 14Va! w ..E u,'. P}il�PA 19103 # r :..... LXEi .:... --y ioe lTnmber 1Vsed 24wt Os�oeAlidnra 1 1a* DOREEN K.APPEL AIWA D EN KAR1EN APPEL n 4�JKOAD 1 vrtmeo r PA 170SS.4f)1l vt 2 •««« — . stem k x S0.44 ' tx. ..A4- ) ..:......... .. ..„. , :.:,,, .e,r . ,,,,, / 1t2 DOrt T 1€APPEL AiK1A. . KAREN APPEL(CUMBERLAND)TEAM 4 .MI P $0.92 014019311021 Page 1 of 1 atatiesyrrat loiritirbrat immit Porrr.r,Pr.(NU.rr? MOM dairD as lrio.r itadi.a.rirdrlt.rdmitIlwardurirderriryt p* iirtrliwrdtif tLMh+dit Pam OM* ttacai+ill05•14,00 t7rtkar loommo.a+otdr Two"YMiom mmii.dao iins ei WAD p pFw;,,, wsYriia eq.arara rirrrlawibi.irooDwbMaravwr16 OsomMWbab3,1W. TIN't1 Wlo4�Mir3AWkr nokomml wido villa vimmot ioony*lati.rrDrliodMoil **CONCURRENCE LETTER**Mt $14893 ,:.______L . 23IitFEB I E Ati 10: 3I PHELAN HALLINAN, LLP _ Attorney for Plaintiff Adam H. Davis, Esq., Id. N .1)t) " $ LAND COUNTY Y 1617 JFK Boulevard, Suite 140 ENNSYLVANIA One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,N.A. CUMBERLAND COUNTY Plaintiff, : COURT OF COMMON PLEAS v. : CIVIL DIVISION DOREEN K. APPEL A/K/A DOREEN KAREN APPEL No.: 13-3354-CIVIL Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P.3129.2(a)Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P.3129.2(c)on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if • applicable.A copy of the Certificate of Mailing(Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". Adam H.Davis,Esq.,Id.No.203034 2//00 Attorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#814893 . • t 6 O Z /1 ' n t' 6 6, 1,R 4 t3 N 0 =x-,A-r 0 -{:---; —1 167 e F is _ E ° e 7 w E o �`\V e & xc � t e 2 • 0 7 7 — 3 C O O M c to EA sP !f- t/a E ,.O c 1 u r°� no Ea E n E o g a Es 0 3 E z c a.X.E 0. .w E e, M y o `' Err aE- .; - oC -. v a ,e ass o am. "t Ix .mot n w c)o N ,�A, o A. 3co a,E a o 4. c >p w0 �_ p g a—v6 ., hI1oN F . W U'_ Q "�. . W w Z(� b 'g d O O O O p" W E 8 w T a dd � Q 5 Ad LA oa o o y, o a o 0 A 0, c o d �" E 8 • ca t0 , C4 Cd --i CQ � ow > d E o ,.4 1.' n°a U GU eZ 'v CJ N n r4 3 a s" i'* F+ W W W4N CV 0 u c W a, `Nvy ° � .f C.. .t Ao .fLi ez P., 4 0 lr' V r_ 0 00.44 al ycO, tier W (� G= cn �rpd„ K' q s Mw a hc/ CNw .0 c/] rH d .- c N yPQ, 0OA ° .g4Zmg4W4 =.-•Z. 0 c � � 3 Q = et yw C.�U+ et 'Y ti H _G o m 'b0O � CNoo � C7 c, •o m V ° gip" > �w E aw ..I' na W w x ai v oz A "' flA 'axt - „ a c os .0) '4'4' aai is as pP. c y -o et z x G•' WUE* 4 *4 up a s, i, G� . c ►a a A �C sue, o w �t ..c , ; ogNW . Z "S )-i „ � c = M 0 o � O 0 °o 4. v' v' (5N �; MFzj o, Oaz v UOAU - a AU ,-, UUAaxr... - aaawNR. = = ra v .7 * * * * * * * * * * Z * * 9F -1F iF * ;J cl N # * tib * * AF dF V G `n b b-3 M C .1 E 'p (/1 c N m y . .-, e- en [r cn 'c N ro b o Z O a �±' GT* r Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA .a JPMORGAN CHASE BANK,N.A. • CIVIL DIVISION Plaintiff .• • NO. 13-3354-CIVIL 2 c _ v. rrri - "" • z 1 '— `-- DOREEN K. APPEL • -.<> co A/K/A DOREEN KAREN APPEL • r. c. Defendant >a 6 ; ORDER �., AND NOW, this r3' day of 46+ , 2014, after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant DOREEN K. APPEL,A/K/A DOREEN KAREN APPEL by: L' REGULAR MAIL TO DOREEN K. APPEL,A/K/A DOREEN KAREN APPEL at 4 ZENU ROAD, MECHANICSBURG, PA 17055-4811 Service by mail is complete upon the date of mailing CERTIFIED MAIL TO DOREEN K. APPEL,A/K/A DOREEN KAREN APPEL at 4 ZENU ROAD, MECHANICSBURG, PA 17055-4811 Service by mail is complete upon the date of mailing POSTING 4 ZENU ROAD, MECHANICSBURG, PA 17055- 4811 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). BY TH COURT: J. PH# 814893 Copy trioll A,I.l.,ll J . EThswccz. lefrf Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215 -563 -7000 JPMORGAN CHASE BANK, N.A. Plaintiff v. DOREEN K. APPEL A/K/A DOREEN KAREN APPEL r. s L t1G 1 'f A tfi( .@EY FOR PLAINTIFF ER! rt N r YLYf 3A , Court of Common Pleas Civil Division CUMBERLAND County No.: 13- 3354 -CIVIL Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on June 11, 2013. 2. Judgment was entered on November 19, 2013 in the amount of $264,346.30. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A ". 3. Plaintiff filed a prior Motion to Reassess Damages, which was granted by Order dated January 27, 2014, amending the judgment amount to $280,384.48. A true and correct copy of the Order is attached hereto, made part hereof, and marked as Exhibit "B ". 4. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 814893 5. The Property is listed for Sheriffs Sale on May 7, 2014. 6. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through May 7, 2014 Late Charges Legal fees Cost of Suit and Title Escrow Deficit $249,177.64 $21,675.98 $818.64 $2,325.00 $747.58 $6,892.45 TOTAL $281,637.29 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on April 23, 2014 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C ". 11. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order granting Plaintiff s Motion for Service of Notice of Sale Pursuant to Special Order of Court dated February 13, 2014. 814893 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phelan Hallinan, LLP Justin F ATT , Esquire FOR PLAINTIFF 814893 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215 -563 -7000 JPMORGAN CHASE BANK, N.A. Plaintiff v. DOREEN K. APPEL A /K/A DOREEN KAREN APPEL Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13- 3354 -CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE DOREEN K. APPEL A/K/A DOREEN KAREN APPEL executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 4 ZENU ROAD, MECHANICSBURG, PA 17055 -4811. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 814893 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank., 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 814893 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust fmancial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 814893 Discount Company v. Babuscio, 257 Pa, Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 814893 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff s legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 814893 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 814893 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation ". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become 814893 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 4)z 31/17t By: Phelan Hallinan, LLP Jus in . ., ".es squire Attorne, for Plaintiff 814893 Exhibit "A" 814893 PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 FILED-OFFICE THE FROTHONOTAR't Attorney for Plaintiff 7.013 NOV 19 nt141: 1+ CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK, N.A. : CUMBERLAND COUNTY VS. DOREEN K. APPEL A/K/A DOREEN KAREN APPEL COURT OF COMMON PLEAS CWIL DIVISION : No. 13-3354-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO • ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgmentin favor of the Plaintiff and against DOREEN K. APPEL A/K/A DOREEN KAREN APPEL, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows:. As set forth in Complaint TOTAL $264,346.30 $264,346.30 I hereby certify that (1) the Defendant's last known address is 4 ZENU ROAD, MECHANICSBURG, PA 17055-4811, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date Adam H. Davis, Esq., Id. No. Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PH 74 814893 0 3 PROTHONOTARY 7 t41 I(g552 . ia )9i3ct 1 Nod ruidal Exhibit "B" 814893 F LCO-OFFICE OF THE P ROTHONOTARsf 2014 JAN 27 PM 3: 56 IN THE COURT OF COMMON PLEAS - N On�NT'Y ' CUMBERLAND COUNTY, PENNSYLVANIANSYVANIA JPMORGAN CHASE BANK, N.A. Plaintiff vs. DOREEN K. APPEL A /K/A DOREEN KAREN APPEL Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 13- 3354 -CIVIL �` ' ORDER AND NOW, this oZ,, iay of 2014, upon consideration of Plaintiff's b O�:D �� Motion to Make Rule Absolute, it is hereby ED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through March 31, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Appraisal/Brokers Price Opinion Mortgage Insurance Premium/ Private Mortgage Insurance Escrow Deficit $249,177.64 $20,557.24 $818.64 $1,550.00 $738.05 $140.48 $315.80 $485.45 $6 „601.18 TOTAL $280,384.48 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. 814893 814893 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania April 16, 2014 DOREEN K. APPEL A/K/A DOREEN KAREN APPEL 4 ZENU ROAD MECHANICSBURG, PA 17055-4811 RE: JPMORGAN CHASE BANK, NA. v. DOREEN K. APPEL, A/K/A DOREEN KAREN APPEL Premises Address: 4 ZENU ROAD MECHANICSBURG, PA 17055 CUMBERLAND County CCP, No. 13-3354-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 4/21/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly your Justi F. oreski, Esq., Id. No.200392 At they foi Plaintiff Enclosure 814893 Name and Phelan Hallinan, LLP Address 1617 JFK Boulevard, Suite 1400 Of Sender One Penn Center Plaza OH Name Philadel•hia, PA 19103 Name of Addressee, Street, and Post Office Address Article Number DOREEN K. APPEL 4 ZENU ROAD MECHANICSBURG, PA 17055 -4811 RE: DOREEN K. APPEL A/K/A DOREEN KAREN APPE Pa e 1 of 1 (CUMBERLAND) P11 # 814893/1200 Pot $0.41 50.4 Total Number of Pieces Listed by Sender' Postmaster, Per(Neme of Receiving Employee) sn of value is required on att domestic and intemntional registercd mail. rceanstntcti m of of documents maximum indemnity payable nonIExp e Express Mail document subject to a limit of 5500,000 per 525,000 enu• The indemnity payablc is 525,000 for registered mail, sent with optional insurance, d 5921 for limitations of covers For 3877 Facsimile 814893 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, N.A. Plaintiff v. DOREEN K. APPEL A/K/A DOREEN KAREN APPEL ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-3354-CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. DOREEN K. APPEL A/K/A DOREEN KAREN APPEL 4 ZENU ROAD MECHANICSBURG, PA 17055-4811 DATE: zt/z/z4 By: Phelan Hallinan, LLP Justin obeski, squire AT •RNEY FOR PLAINTIFF 814893 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK, N.A. Plaintiff v. DOREEN K. APPEL A/K/A DOREEN KAREN APPEL Defendant AND NOW, this 30' day of Court of Common Pleas Civil Division CUMBERLAND County No.: 13-3354-CIVIL RULE 40.17 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY TH COURT file a response to J Plaintiff may file a 814893 ustin F. Kobeski, Esq., Id. No.200392 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 -REEN K. APPEL A/K/A DOREEN KAREN APPEL 4 ZENU ROAD MECHANICSBURG, PA 17055-4811 .es di3opy 814893 814893 f i_ED-I>1 f ll..i. T HE PR0TH0INC,TArt H Ili MAY - J A 14 9: 5q Cf.IMBERLAND COUN i 'Y PENNSYLVANIA PHELAN HALLINAN, LLP Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb @phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,N.A. Plaintiff, V. CIVIL DIVISION DOREEN K.APPEL A/K/A DOREEN KAREN APPEL Defendant(s) No.: 13-3354-CIVIL NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriff's Sale scheduled for 05/07/2014 at 10:00 AM in the above-captioned matter has been continued until 07/02/2014 at 10:00 AM. Date: I Z Ute_ Jonat obb, Esq., Id. No.312174 Attorney for Plaintiff PH#814893 r SIF PFtiG7FICtdQ;A�; , 2014 MAY R- I Ar-1 10" 00 CUMBERLAND CGUN]-y PENNSYLVANIA PHELAN HALLINAN, LLP Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,N.A. Plaintiff, V. CIVIL DIVISION DOREEN K.APPEL A/K/A DOREEN KAREN APPEL No.: 13-3354-CIVIL Defendant(s) CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriff's Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: DOREEN K. APPEL 4 ZENU ROAD MECHANICSBURG, PA 17055-4811 Date: Z 3bK — Jonat n Lobb, Esq., Id. No.312174 Attorney for Plaintiff PH#814893 PHELAN HALLINAN, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, N.A. Plaintiff vs. IC: L+i CLi1.13ER!.,A I.•f,T) COUNTY C iw �S LPiI DOREEN K. APPEL A/K/A DOREEN KAREN APPEL Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -3354 -CIVIL AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to DOREEN K. APPEL A/K/A DOREEN KAREN APPEL on 3/25/2014 in accordance with the Order of Court dated 2/13/2014. The property was posted on 4/3/2014. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. DATE: fj IcJ i4 Phelan Hallinan, LLP By: Meredith Wooters, Esq., d. No.307207 Attorney for Plaintiff 110.A;ti.A.A. it IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, N.A. • Plaintiff v. .• CIVIL DIVISION 2 o ...- --I NO. 13 -3354 -CIV :=T� m m— a rn DOREEN K. APPEL mcg-, S c :. A/K/A DOREEN KAREN APPEL am --rte Defendant `< =< ORDER AND NOW, this /241. day of 2014, after consideration of Plaintiffs Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant DOREEN K. APPEL, A/K/A DOREEN KAREN APPEL by: PH # 814893 REGULAR MAIL TO DOREEN K. APPEL, A/K/A DOREEN KAREN APPEL at 4 ZENU ROAD, MECHANICSBURG, PA 17055-4811 Service by mail is complete upon the date of mailing CERTIFIED MAIL TO DOREEN K. APPEL, A/K/A DOREEN KAREN APPEL at 4 ZENU ROAD, MECHANICSBURG, PA 17055-4811 Selvihx Ly uunil is i.uuiilcte upuu tIiu Hutu of I.. -I* i,IM POSTING 4 ZENU ROAD, MECHANICSBURG, PA 17055- 4811 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). BY THE COURT: ft//441J2 -11) J. Name and Address of Sender PHELAN HALLINAN & SCHMIEG One Penn Center at Suburban, SUite 1400 Philadelphia, PA 19103 Line Article Number Name of Addressee, Street, an4 Post Office Address DOREEN K. APPEL A/K/A DOREEN KAREN APPEL 4 ZENU ROAD MECHANICSBURG, PA 17055-4811 2 3 4 5 6 7 8 12 RE:. DOREEN K. APPEL A/K/A DOREEN KAREN APPEL PHS# 814893 Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster, Per(Name of Receiving Employee) LXH- *NOTICE OF SALE: CERTIFICATE OF MAILING* CODE: 1020 PLAINTIFF JPMORGAN CHASE BANK, N.A. AFr'iDAV1T OF SERVICE CUMBERLAND COUNTY PH # 814893 SERVICE TEAM/ sal COURT NO.:13-3354-CIVIL DEFENDANT DOREEN K. APPEL A/K/A DOREEN KAREN APPEL SERVE DOREEN K. APPEL A/K/A DOREEN KAREN APPEL AT: 4 ZENU ROAD MECEIANICSBURG, PA 170554811 *;**PLEASE POST THE PROPERTY*** **PLEASE POST PROPERTY IN ACCORDANCE WITH THE COURT ORDER*•PLEASE RUSH POSTING** TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: 0S/07/2014 SERVED Served and made known to DOREEN K APPEL A/K/A DOREEN KAREN APPEI.., Defendant on the 312° day of &Rt L , 20 j4_, at 71 oS , o'clock h. M., at 4 ZENU ROAD. MECHANICSBURG, PA 17055-4811, in the manner described below _ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. XX Other T.P...1'QS3—PROPERTY Description: Age Height _ Weight Race Sex Other I, Ronald MUI1 a competent adult, hereby verify that I personally posted the property with a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME:. TITLE: Process Server NOT SERVED On the _ day of , 20, at _ o'clock _ M., I, , a competent adult hereby state that Defendant NOT POUND because: Vacant__.. Does Not Exist Moved Does Not Reside (Not Vacant) _ No Answer on at , at Service Refused Other. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswon:r falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR P1,AINTIIT Lawrance T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq.. Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack. Esq., Id. No. 84439 mrisovalante P. Flialcos, Esq., M. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Mario J. Hanyon, Esq., Id. No. 203993 John M. Kolesnik, Esq_ Id_ No. 308877 Matthew G. Brushwood, Esq., Id. No. 310592 1 iii 11 1 7178 2417 6099 0161 4485 LXH / 814893 DOREEN K. APPEL 4 ZENU ROAD MECHANICSBURG, PA 17055-4811 --fold here (regular) -- fold here (6x9) --fold here (regular) 1 1 USPS.com® - USPS TrackingTM English Customer Service USPS Mobile _USPS. O Quick Tools TM USPS Tracking Ship a Package Tracking Number: 71782417609901614485 Expected Delivery Day: Thursday, March 27, 2014 Product & Tracking Information Postal Product: First -Class Mail DATE & TIME Features: Certified Mailry Return Receipt Electronic Send Mail Manage Your Mail STATUS OF ITEM LOCATION March 31, 2014 , 3:36 pm Delivered LEWISBERRY, PA 17339 Your item was delivered at 3:36 pm on March 31, 2014 in LEWISBERRY, PA 17339. 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ON ABOUT.USPS.COM About USPS Home Newsroom USPS Service Alerts Forms & Publications Careers Page 2 of 2 OTHER USPS SITES Business Customer Gateway • Postal Inspectors Inspector General • Postal Explorer • National Postal Museum https://tools.usps.com/go/TrackConfirmAction.action?tLabels=71782417609901614485 4/29/2014 r`' Phelan Hallinan, LLP i k rG. j TI N O ,... , r Jonathan Lobb, Esq., Id. No.312174, ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400' ` , i kr 9 �' 9 i` J{1= ;� j One Penn Center Plaza; iEit�L'Ci CU 1 Philadelphia, PA 19103 PENNSYLVANIA Jonathan.Lobb@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, N.A. Plaintiff vs. DOREEN K. APPEL A/K/A DOREEN KAREN APPEL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 30, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -3354 -CIVIL DOREEN K. APPEL A/K/A DOREEN KAREN APPEL 4 ZENU ROAD MECHANICSBURG, PA 17055-4811 DATE: 5/6 jiy By: Phelan Hallinan, LLP Joi'" an Lo •b, Esq., Id. No.312174 A orney for Plaintiff 814893 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, N.A. Plaintiff vs. DOREEN K. APPEL A/K/A DOREEN KAREN APPEL Defendant MOTION TO MAKE RULE ABSOLUTE iJ r r 201 4 ff �U ATTORNEY FOR PLAINTIFF 2.9 Pi CUMBERLAND COUNTY PENNSYLVANIA Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -3354 -CIVIL JPMORGAN CHASE BANK, N.A., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above -captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on April 24, 2014. 2. A Rule was issued by the Honorable Kevin A. Hess on or about April 30, 2014 directing the Defendant to show cause by May 20, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit A. 3. The Rule to Show Cause was timely served upon all parties on May 8, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit B. 4. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 20, 2014. 814893 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: 5/Z By: Phela Justin F. , Esq., Id. No.200392 Atto ,.:' for Plaintiff 814893 Exhibit "A" 814893 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK, N.A. Plaintiff v. DOREEN K. APPEL A/K/A DOREEN KAREN APPEL Defendant RULE AND NOW, this k day of Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -3354 -CIVIL 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT C-) 814893 Justin F. Kobeski, Esq., Id. No.200392 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 DOREEN K. APPEL A/K/A DOREEN KAREN APPEL 4 ZENU ROAD MECHANICSBURG, PA 17055-4811 814893 814893 Exhibit "B" Eg::=M1111ftimmik 814893 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.3.12174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, N.A. Plaintiff vs. DOREEN K. APPEL A/K/A DOREEN KAREN APPEL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 30, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CI JIM No.: 13 -3354 -CIVIL DOREEN K. APPEL A/K/A DOREEN KAREN APPEL 4 ZENU ROAD MECHANICSBURG, PA 17055-4811 DATE: /y By: Phelan Hallinan, LLP n Lo b, Esq., Id. No.312174 t r�cv for Plaintiff C" 814893 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, N.A. Plaintiff vs. DOREEN K. APPEL A/K/A DOREEN KAREN APPEL ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -3354 -CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. DOREEN K. APPEL A/K/A DOREEN KAREN APPEL 4 ZENU ROAD MECHANICSBURG, PA 17055-4811 DATE: ,612e// By: Justin F.,!obeski, sq., Id. No.200392 Atto • for Plaintiff Phelan H , LLP 814893 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, N.A. Plaintiff VS. DOREEN K. APPEL A/K/A DOREEN KAREN APPEL Defendant ORDER Court of Common Pleas Civil Division CUMBERLAND Comfy No.: 13-3354-CIVI -71 AND NOW, this 311 day of , 2014, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through May 7, 2014 Late Charges Legal fees Cost of Suit and Title Escrow Deficit TOTAL Plus interest at six percent per annum. $249,177.64 $21,675.98 $818.64 $2,325.00 $747.58 $6,892.45 $281,637.29 Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. C JI E.S /72.1.1 'LL 9-1-171J.1 kl tWei. loPtiq 814893 , SHERIFF'S OFFICE OF CUMBERLAND COUNTY 1_� �Q S I�U'�Q'1 MEQ• rEi{ JUL _3 F1i 3x CBEFo t;tbp CQUbr g� ,;SYLV1at tp Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor or. CE OF THE Si iFF JPMorgan Chase Bank, N.A. vs. Case Number Doreen K Appel a/k/a Doreen Karen Appel 2013-3354 SHERIFF'S RETURN OF SERVICE 01/09/2014 01:48 PM - Deputy Dennis Fry, 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 4 Zenu Road, Lower Allen - Township, Mechanicsburg, PA 17055, Cumberland County. 02/11/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 5/7/2014 02/18/2014 Sheriff Ronny R. Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Doreen K. Appel, a/k/a Doreen Karen Appel, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Real Estate Writ, Notice and Description, as "Not Served" at 2 Zenu Road, Mechanicsburg, PA 17055, property is vacant. 04/21/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/2/2014 07/02/2014 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: $753.94 SO ANSWERS, July 02, 2014 RONIJY R ANDERSON, SHERIFF (c) County, Lute S'3eriff, 1efecso}t. On December 13, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA, Known and numbered as, 4 Zenu Road, Mechanicsburg, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: December 13, 2013 By: Real Estate Coordinator b0 :H V OZ ADN EIOl 'fid .4A183HS 3H1 _JIH.J� LXIII 4 CUMBERLAND LAW JOURNAL 01/24/14 Writ No. 2013-3354 Civil Term JPMorgan Chase Bank, N.A. vs. Doreen K. Appel a/k/a Doreen Karen Appel Atty.: Joseph Schalk By virtue of a Writ of Execution No. 13 -3354 -CIVIL, JPMORGAN CHASEBANK, N.A. vs. DOREEN K. APPEL a/k/a DOREEN KAREN APPEL, owner(s) of property situate in LOWERALLEN TOWNSHIP, CUM- BERLAND County, Pennsylvania, being 4 ZENU ROAD, MECHANICS - BURG, PA 17055-4811. Parcel No. 13-26-0251-045. Improvements thereon: RESIDEN- TIALDWELLING. Judgment Amount: $264,346.30. 14 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: January 24, January 31, and February 7, 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. isa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 7 day of February, 2014 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 Patriot -News Co. " 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the patriotNews 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 Flatriot-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 .2013-3354 Civil -Term JPMorgan Chase Bank, N.A. Vs Doreen K. Appel a/k/a Doreen Karen Appel Atty: Joseph Schalk By virtue of a Writ of Execution No. 13 -3354 -CIVIL JPMORGAN CHASEBANK, N.A. v. DOREEN K. APPEL A/K/A DOREEN KAREN APPEL owner(s) of property situate in LOWER ALLEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 4 ZENU ROAD, MECHANICSBURG, PA 17055-4811 Parcel No. 13-26-0251-045 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $264,346.30 This ad ran on the date(s) shown below: 01/19/14 01/26/14 Sworn to and subscribed before, this 18 day of February, 2014 A.D. Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public - Washington Tvp., Dauphin County My Commission Expires Dec. 12, 2016 MEMBER. PENNSYLVANIA ASSOCIATION OF NOTARIES 02/02/14, Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 i.{�' Ji)riIHON 0fi', 20f r JUL 17 AN 10: 16 CUMBERLAND PENNS `►'LVA; COUNT`'r' Attorney For Plaintiff JPMORGAN CHASE BANK, N.A. Plaintiff v. DOREEN K. APPEL A/K/A DOREEN KAREN APPEL Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 13 -3354 -CIVIL PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P., 2352 TO THE PROTHONOTARY: Kindly substitute BAYVIEW LOAN SERVICING LLC as successor Plaintiff for the originally named Plaintiff. Date: The material facts on which the right of succession and substitution are based as follows: BAYVIEW LOAN SERVICING LLC is the current holder of the mortgage by virtue of that certain Assignment of Mortgage, which Assignment was recorded on 05/12/2014 in Instrument No. 201409761 of the Recorder of Deeds Office in and for CUMBERLAND County. Kindly amend the information on the docket accordingly. PH # 814893 Ille/of By: Jonan Lobb, Esq., Id. No.312174 Attorney for Plaintiff sq SorC3itt, Com- JL/(cSI ��. 3ogsq 3 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff JPMORGAN CHASE BANK, N.A. Plaintiff v. DOREEN K. APPEL A/K/A DOREEN KAREN APPEL Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 13 -3354 -CIVIL PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF TO THE PROTHONOTARY: Please mark the judgment in the above -captioned matter to the use of BAYVIEW LOAN SERVICING LLC, located 4425 PONCE DE LEON BLVD. 511' FLOOR- MAIL ROOM CORAL GABLES , FL 33146 Date: 71/t1 /(f/ PHELAN HALLIN.' , LLP PH # 814893 By: Jonat'n Lobb, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff JPMORGAN CHASE BANK, N.A. Plaintiff v. DOREEN K. APPEL A/K/A DOREEN KAREN APPEL Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 13 -3354 -CIVIL ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of BAYVIEW LOAN SERVICING LLC. Date: 7/io //v PH # 814893 PHELAN HALLINAN, LLP By: Jon than Lobb, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff JPMORGAN CHASE BANK, N.A. Plaintiff v. DOREEN K. APPEL A/K/A DOREEN KAREN APPEL Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 13 -3354 -CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Plaintiffs Praecipe to Mark Judgment to BAYVIEW LOAN SERVICING LLC, Substitution of Party Plaintiff and Entry of Appearance were served by regular mail on the person(s) on the date listed below: DOREEN K. APPEL A/K/A DOREEN KAREN APPEL 4 ZENU ROAD MECHANICSBURG, PA 17055-4811 Date: -7//61//y PHELAN HALLINAN, LLP By: Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff o Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 OF TH OTAh 201" JUL 25 A !!: 12 CUMBERLAND COUNTY PEN,' SYLVAN/A Attorney For Plaintiff JPMORGAN CHASE BANK, N.A. Plaintiff v. DOREEN K. APPEL A/K/A DOREEN KAREN APPEL Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 13 -3354 -CIVIL PRAECIPE TO THE PROTHONOTARY: ❑ Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ❑ Please mark the above referenced case Settled, Discontinued and Ended. ® Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ❑ Please mark the in rem judgment Satisfied and the action Discontinued and Ended. ['Please Vacate the Judgment entered. Date: ifuk_ PH # 814893 PHELANAN, LLP By: Courtenay R. Dunn, Esq., Id. No.6779 Attorney for Plaintiff 6Ukf c4,�P�ia� No4. JL/3s2 /A 2{1 (20°102)— Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff JPMORGAN CHASE BANK, N.A. Plaintiff v. DOREEN K. APPEL A/K/A DOREEN KAREN APPEL Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 13 -3354 -CIVIL CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: DOREEN K. APPEL A/K/A DOREEN KAREN APPEL 4 ZENU ROAD MECHANICSBURG, PA 17055-4811 Date: -1(cv4 (ok PHELAN HALLINAN, LLP By: Courtenay R. Dunn, Esq., Id. o.206779 Attorney for Plaintiff